Harrison v. Kaner
- Laura Swain
- 1:23-cv-00944
- U.S. District Court · Southern District of New York
- 1
In Harrison v. Kaner, Judge Swain granted Harrison another 60 days to file an amended complaint.
Guinette R. Harrison must file an amended complaint within 60 days of the order or face the stated potential dismissal; the order also denies fee-free status for an appeal.
What happened
In Harrison v. Kaner, Guinette R. Harrison filed a complaint without a lawyer and was previously ordered to file an amended complaint.
After receiving a 60-day extension, Harrison requested a second extension. The court granted the request and gave her 60 days from the order’s date to file the amended complaint.
Judge Laura Taylor Swain warned that the complaint will be dismissed for failure to state a claim if Harrison does not comply without showing good cause, and said no further extension will be granted. The court also denied fee-free status for any appeal because it certified that an appeal would not be taken in good faith.
The detailed version
- Harrison v. Kaner · No. 1:23-cv-00944
- Laura Swain
- July 31, 2023
Background
Guinette R. Harrison filed a complaint without a lawyer on February 3, 2023. On April 17, 2023, the court directed her to file an amended complaint. On June 13, 2023, the court granted her a 60-day extension. Harrison then requested a second extension.
Ruling
The court granted Harrison’s request for a second extension. It directed her to file an amended complaint within 60 days of the order. The court stated that, if she does not comply within that period and cannot show good cause for the failure, the complaint will be dismissed for failure to state a claim upon which relief may be granted. The court also stated that no further extension will be granted.
Appeal-Related Ruling
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 Harrison permission to proceed without paying fees for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.