Falls v. Arteta
- Laura Swain
- 1:23-cv-00830
- U.S. District Court · Southern District of New York
- 1
In Falls v. Arteta, Chief Judge Swain dismissed the petition because Falls did not file the required amended petition.
The petitioner’s case was dismissed for failure to file the required amended petition. The petitioner was also denied fee-waiver status for an appeal.
What happened
In Falls v. Arteta, the court had ordered the petitioner to file an amended petition within 60 days and warned that failing to do so would lead to dismissal. The petitioner did not file one.
The court dismissed the petition under the federal statute governing fee-waived cases. It also ruled that any appeal would not be taken in good faith and denied fee-waiver status for an appeal.
Chief Judge Swain directed the Clerk of Court to enter judgment. The order did not decide the petition’s underlying claims.
The detailed version
- Falls v. Arteta · No. 1:23-cv-00830
- Laura Swain
- June 12, 2023
Background
The court had directed the petitioner to file an amended petition within 60 days in an order dated March 13, 2023. That order warned that failure to comply would result in dismissal. The petitioner did not file an amended petition.
The petition had been filed without prepaying the filing fee under the federal statute allowing a person to proceed without prepayment in qualifying circumstances.
Ruling
The court dismissed the petition under 28 U.S.C. § 1915(e)(2)(B)(ii). The order does not describe the petition’s underlying claims or decide their merits. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal.
Disposition
The Clerk of Court was directed to enter judgment. The opinion does not state whether the dismissal was with or without prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.