Leggett v. Ontada
- Laura Swain
- 1:23-cv-03743
- U.S. District Court · Southern District of New York
- 1
In Leggett v. Ontada, Judge Swain dismissed the complaint because Corey L. Leggett did not file the required amended complaint.
Corey L. Leggett’s complaint was dismissed, and fee-free status was denied for purposes of an appeal. The court directed entry of judgment in the action.
What happened
In Leggett v. Ontada, the court had previously ordered Corey L. Leggett to file an amended complaint within 60 days and warned that failing to do so would result in dismissal. Leggett did not file one.
The court dismissed the complaint under the federal statute governing complaints filed without advance payment of filing fees. The opinion does not address the underlying claims.
Judge Laura Taylor Swain also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
The detailed version
- Leggett v. Ontada · No. 1:23-cv-03743
- Laura Swain
- Sept. 6, 2023
Background
The court had ordered Corey L. Leggett on June 20, 2023, to file an amended complaint within 60 days. The order warned that failure to comply would result in dismissal. Leggett 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 advance payment of filing fees under 28 U.S.C. § 1915(a)(1). The opinion does not discuss the merits of Leggett’s claims.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied fee-free status for purposes of an appeal. The court directed the Clerk of Court to enter judgment in the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.