Calderon v. Koneksa Health
- Laura Swain
- 1:22-cv-07808
- U.S. District Court · Southern District of New York
- 1
In Calderon v. Koneksa Health, Judge Swain dismissed the complaint after Calderon failed to file the required amended complaint.
Ana Calderon's complaint was dismissed, and her permission to appeal without paying the filing fee was denied. Koneksa Health was the defendant in the dismissed case.
What happened
In Calderon v. Koneksa Health, the court had previously ordered Ana Calderon to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal. Calderon did not file one.
The court dismissed the complaint for failing to state a claim under the statute governing complaints filed without paying filing fees. The court also denied Calderon permission to appeal without paying fees because it certified that an appeal would not be taken in good faith.
Judge Laura Taylor Swain directed the Clerk of Court to enter judgment. The opinion does not state whether Calderon was represented by a lawyer or explain the underlying claims.
The detailed version
- Calderon v. Koneksa Health · No. 1:22-cv-07808
- Laura Swain
- June 6, 2023
Background
The court had ordered Ana Calderon on March 22, 2023, to file an amended complaint within 60 days. The order warned that failure to comply would result in dismissal. Calderon did not file an amended complaint.
Ruling
The court dismissed the complaint for failure to state a claim upon which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii). The complaint had been filed without paying the filing fee under the court's authorization for a litigant who qualifies for that procedure.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied permission to appeal without paying the filing fee. The Clerk of Court was directed to enter judgment. The opinion does not state the allegations in the complaint, the reason the court required an amended complaint, or whether Calderon had counsel.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.