Windsor v. The City of New York
- Laura Swain
- 1:23-cv-01800
- U.S. District Court · Southern District of New York
- 1
In Windsor v. The City of New York, Judge Swain dismissed the complaint after Windsor failed to file the required amended complaint.
Allen Windsor's complaint was dismissed, and his permission to appeal without paying the filing fee was denied. The opinion does not describe the underlying claims.
What happened
In Windsor v. The City of New York, the court had ordered Allen Windsor to file an amended complaint within 60 days. The order warned that failing to do so would result in dismissal.
Windsor did not file an amended complaint. The court therefore dismissed the complaint under the federal statute governing screening of complaints filed without paying court fees.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith, denied Windsor permission to appeal without paying the filing fee, and directed the clerk to enter judgment.
The detailed version
- Windsor v. The City of New York · No. 1:23-cv-01800
- Laura Swain
- Aug. 30, 2023
Background
On June 12, 2023, the court ordered Allen Windsor to file an amended complaint within 60 days. The order stated that failing to comply would result in dismissal of the complaint. The opinion states that Windsor did not file an amended complaint.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The complaint had been filed without payment of the filing fee under 28 U.S.C. § 1915(a)(1).
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 permission to appeal without paying the filing fee. The clerk was directed to enter judgment in the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.