Handsome Debonair Guy v. Family Dollar Store Owner
- Laura Swain
- 1:23-cv-00230
- U.S. District Court · Southern District of New York
- 1
Handsome Debonair Guy v. Family Dollar Store Owner: Judge Swain dismissed the complaint after the plaintiff failed to file an amended complaint.
The plaintiff's complaint was dismissed, judgment was ordered, and permission to appeal without paying filing fees was denied. The opinion does not state whether the plaintiff was represented by a lawyer.
What happened
In Handsome Debonair Guy v. Family Dollar Store Owner, the court had ordered the plaintiff to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal.
The plaintiff did not file an amended complaint. The court dismissed the complaint under the federal statute governing screening of cases filed without paying filing fees.
Judge Laura Taylor Swain directed the Clerk of Court to enter judgment and denied the plaintiff permission to appeal without paying filing fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Handsome Debonair Guy v. Family Dollar Store Owner · No. 1:23-cv-00230
- Laura Swain
- June 12, 2023
Background
On March 6, 2023, the court ordered the plaintiff to file an amended complaint within 60 days. The order warned that failure to comply would result in dismissal. The plaintiff did not file an amended complaint.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion states that the complaint had been filed without paying filing fees under 28 U.S.C. § 1915(a)(1). The court did not address the underlying claims.
Appeal and Judgment
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees. Judge Laura Taylor Swain directed the Clerk of Court to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.