Harrison v. Kaner
- Laura Swain
- 1:23-cv-00944
- U.S. District Court · Southern District of New York
- 1
In Harrison v. Kaner, Chief Judge Swain granted Harrison 60 days to amend her complaint and denied fee-free appeal status.
Guinette R. Harrison, who received 60 days to file an amended complaint and was denied fee-free status for any appeal from this order.
What happened
In Harrison v. Kaner, Guinette R. Harrison filed a complaint without a lawyer against Dr. Douglas Kaner and other defendants. The court had previously directed her to file an amended complaint.
Harrison asked for more time on June 13, 2023. The court granted that request and directed her to file the amended complaint within 60 days of the order.
Chief Judge Laura Taylor Swain warned that the complaint would be dismissed for failing to state a legally sufficient claim if Harrison missed the deadline without good cause. Judge Swain also ruled that any appeal would not be taken in good faith and denied fee-free appeal status.
The detailed version
- Harrison v. Kaner · No. 1:23-cv-00944
- Laura Swain
- June 15, 2023
Background
Guinette R. Harrison filed a complaint without a lawyer on February 3, 2023. In an order dated April 17, 2023, the court directed her to file an amended complaint.
Request for More Time
On June 13, 2023, Harrison submitted a letter asking for an extension of time to file the amended complaint. The court granted her request and directed her to file the amended complaint within 60 days of the June 15 order.
Rulings
The court stated that if Harrison did not comply within the allowed time and could not show good cause for the failure, the complaint would be dismissed for failure to state a claim upon which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii). This order did not itself dismiss the complaint.
The court also certified that any appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. The order was signed by Chief United States District Judge Laura Taylor Swain.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.