Brathwaite v. Guerri
- Laura Swain
- 1:23-cv-01363
- U.S. District Court · Southern District of New York
- 2
In Brathwaite v. Guerri, Judge Swain dismissed the action after Brathwaite failed to amend, rejecting federal claims and declining state claims.
The order ended Mitchell Brathwaite’s action: his federal-law claims were dismissed, and the court declined to consider his state-law claims.
What happened
In Brathwaite v. Guerri, the court had given Mitchell Brathwaite 60 days to file an amended complaint and warned that failing to do so would lead to dismissal.
Brathwaite did not file an amended complaint. The court therefore dismissed his federal-law claims for failure to state a claim and declined to consider his state-law claims under its supplemental jurisdiction.
Judge Swain directed the Clerk to enter judgment. She also ruled that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees.
The detailed version
- Brathwaite v. Guerri · No. 1:23-cv-01363
- Laura Swain
- July 18, 2023
Background
On April 17, 2023, the court gave Plaintiff Mitchell Brathwaite 60 days to file an amended complaint. The court’s order warned that failure to comply would result in dismissal. It also stated that the court would dismiss Brathwaite’s federal-law claims for failure to state a claim on which relief could be granted and would decline to consider his state-law claims under supplemental jurisdiction, which allows a federal court to hear related state-law claims in some circumstances.
Ruling
Brathwaite did not file an amended complaint. The court dismissed the action. It dismissed the federal-law claims for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii) and declined to consider the state-law claims under 28 U.S.C. § 1367(c)(3).
Additional Orders
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without paying the filing fees. It directed the Clerk of Court to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.