Craft v. New York State Police
- Laura Swain
- 1:22-cv-10267
- U.S. District Court · Southern District of New York
- 1
Craft v. New York State Police: Judge Swain dismissed the complaint after Craft failed to file the required amended complaint.
The dismissal affected Christopher D. Craft, Sr.'s complaint against New York State Trooper Schactor and New York State Trooper McGee. The court also denied fee-free status for any appeal.
What happened
In Craft v. New York State Police, the court had ordered Christopher D. Craft, Sr. to file an amended complaint within 60 days. The order warned that failing to do so would lead to dismissal.
Craft did not file an amended complaint. The court therefore dismissed the complaint under the federal statute governing complaints filed without paying the filing fee.
Chief Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith, denied fee-free appeal status, and directed the Clerk of Court to enter judgment.
The detailed version
- Craft v. New York State Police · No. 1:22-cv-10267
- Laura Swain
- July 28, 2023
Background
Christopher D. Craft, Sr. sued New York State Trooper Schactor and New York State Trooper McGee. The court had previously ordered Craft to file an amended complaint within 60 days and warned that failure to comply would result in dismissal. The opinion states that the complaint was filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1).
Ruling
Craft did not file an amended complaint. The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(i)-(iii). The opinion does not address the underlying claims.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied fee-free status for an appeal and directed the Clerk of Court to enter judgment. 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.