Brathwaite v. Zimmerman
- Laura Swain
- 1:23-cv-01365
- U.S. District Court · Southern District of New York
- 2
In Brathwaite v. Zimmerman, Chief Judge Swain dismissed the action after Brathwaite failed to amend, dismissing federal claims and declining state claims.
Mitchell Brathwaite’s federal-law claims were dismissed, and his state-law claims were not considered; the action was dismissed and judgment was ordered entered.
What happened
In Brathwaite v. Zimmerman, Mitchell Brathwaite brought claims against Jeffrey Zimmerman, identified in the caption as a judge. The opinion says Brathwaite was representing himself.
The court had previously given Brathwaite 60 days to file an amended complaint and warned that failing to respond would lead to dismissal. Brathwaite did not file an amended complaint.
Chief Judge Laura Taylor Swain dismissed the federal-law claims for failure to state a claim and declined to consider the state-law claims under supplemental jurisdiction. She also directed the Clerk of Court to enter judgment and denied fee-free appeal status after certifying that an appeal would not be taken in good faith.
The detailed version
- Brathwaite v. Zimmerman · No. 1:23-cv-01365
- Laura Swain
- Aug. 15, 2023
Background
Mitchell Brathwaite, who appeared without a lawyer, brought this action against Jeffrey Zimmerman, identified in the caption as a judge. In an earlier order, the court gave Brathwaite 60 days to file an amended complaint. That order warned that failure to respond would result in dismissal, including dismissal of the federal-law claims for failure to state a claim and the court’s refusal to consider the state-law claims under supplemental jurisdiction.
Brathwaite did not file an amended complaint.
Ruling
Chief Judge Laura Taylor Swain dismissed the action. The court dismissed Brathwaite’s federal-law claims for failure to state a claim upon which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii). The court declined to consider Brathwaite’s state-law claims under its supplemental jurisdiction, relying on 28 U.S.C. § 1367(c)(3).
The court directed the Clerk of Court to enter judgment. It also certified that any appeal would not be taken in good faith and denied fee-free appeal status. The opinion does not state whether the dismissal was with or without prejudice.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.