Hanton v. Leung
- Laura Swain
- 1:23-cv-01421
- U.S. District Court · Southern District of New York
- 1
In Hanton v. Leung, Judge Swain dismissed the complaint after Hanton failed to file the required amended complaint.
Terrence Hanton's complaint was dismissed, and fee-waiver status was denied for purposes of any appeal.
What happened
In Hanton v. Leung, the court had ordered Terrence Hanton to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal. Hanton did not file one.
The court dismissed the complaint for failure to state a claim under the federal law governing screening of complaints filed without paying the filing fee. It also denied fee-free status for any appeal and directed the clerk to enter judgment.
Chief Judge Laura Taylor Swain issued and signed the order on August 30, 2023.
The detailed version
- Hanton v. Leung · No. 1:23-cv-01421
- Laura Swain
- Aug. 30, 2023
Background
The court had previously ordered Terrence Hanton to file an amended complaint within 60 days. The order warned that failure to comply would result in dismissal. Hanton did not file an amended complaint.
Ruling
The court dismissed Hanton's complaint for failure to state a claim upon which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii). The complaint had been filed without paying the filing fee under the statute's fee-waiver provision.
The court also certified that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The clerk was directed to enter judgment. Chief Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.