Carter v. Jenkins
- Laura Swain
- 1:22-cv-10326
- U.S. District Court · Southern District of New York
- 2
In Carter v. Jenkins, Judge Swain granted the motion to enter a final order, directed judgment, and denied fee-waiver status for any appeal.
The order affected Darryl Chadwich Carter by entering judgment in the action and denying fee-waiver status for an appeal; it also ended the action involving Gary Jenkins, Urban Pathways Incl, Leslie Segars, and Ms. Johnson.
What happened
In Carter v. Jenkins, the court had previously dismissed Darryl Chadwich Carter’s amended complaint for failing to state a claim, while allowing him 30 days to file another amended complaint.
Carter then asked the court to convert that earlier order into a final order. He also filed a notice of appeal, but the court determined that the appeal was defective because the earlier order was not final and had not been certified for an immediate appeal.
Judge Laura Taylor Swain granted Carter’s motion to the extent he requested a final order, directed the Clerk to enter judgment, terminated any remaining motions, and denied fee-waiver status for an appeal from this order.
The detailed version
- Carter v. Jenkins · No. 1:22-cv-10326
- Laura Swain
- July 25, 2023
Background
On July 6, 2023, the court dismissed Darryl Chadwich Carter’s amended complaint for failure to state a claim on which relief could be granted. The complaint had been filed without prepaying filing fees under 28 U.S.C. § 1915(a)(1), and the court gave Carter 30 days to file a second amended complaint.
On July 10, Carter filed a motion asking the court to “convert” the July 6 order into a final order. After filing that motion, he also filed a notice of appeal.
Court’s analysis
The court concluded that it retained authority to act because Carter’s notice of appeal challenged a nonfinal order that had not been certified for an immediate appeal. The court therefore treated the notice of appeal as defective and proceeded to rule on Carter’s motion.
Ruling
The court granted Carter’s motion to the extent he was asking it to enter a final order. It directed the Clerk of Court to enter judgment in the action and to terminate any remaining motions. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied Carter fee-waiver status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.