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S.D.N.Y.Procedural orderFiled Aug. 16, 2023

Stubbs v. Colby

Judge
Laura Swain
Docket
1:22-cv-08056
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Stubbs v. Colby, Judge Swain dismissed the complaint after Stubbs failed to file the required amended complaint.

Who this affects

The dismissal ended Cornelius Delmar Stubbs's action in the district court, and the court denied him permission to appeal without paying the filing fee.

What happened

In Stubbs v. Colby, the court had ordered Cornelius Delmar Stubbs to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal.

Stubbs did not file an amended complaint. The court therefore dismissed the complaint under a federal statute governing cases filed without paying filing fees and directed the clerk to enter judgment.

Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Stubbs permission to appeal without paying the filing fee. The opinion does not state why the amended complaint was required or what claims it contained.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Stubbs v. Colby · No. 1:22-cv-08056
Judge
Laura Swain
Date
Aug. 16, 2023

Background

On May 30, 2023, the court directed Plaintiff Cornelius Delmar Stubbs to file an amended complaint within 60 days. The order warned that failure to comply would result in dismissal. The opinion does not describe the claims or explain why an amended complaint was required.

Ruling

Stubbs did not file an amended complaint. The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The complaint had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1). The court also directed the clerk to enter judgment.

Appeal and Disposition

Under 28 U.S.C. § 1915(a)(3), Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without paying the filing fee. The opinion does not state that the dismissal was with or without prejudice.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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