Robinson v. New York State Office of Children and Family Services
- Laura Swain
- 1:23-cv-04477
- U.S. District Court · Southern District of New York
- 1
In Robinson v. New York State Office of Children and Family Services, Judge Swain dismissed Robinson’s complaint for failure to state a claim and Eleventh Amendment immunity.
Valdissa Robinson’s complaint was dismissed, and the New York State Office of Children and Family Services and the other defendants were not required to proceed on the complaint.
What happened
In Robinson v. New York State Office of Children and Family Services, the court had ordered Valdissa Robinson to file an amended complaint within 60 days. The order warned that failing to do so would lead to dismissal.
Robinson did not file an amended complaint. The court dismissed the complaint for failure to state a claim on which relief could be granted and because of Eleventh Amendment immunity.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Robinson permission to appeal without paying filing fees. Judgment was entered.
The detailed version
- Robinson v. New York State Office of Children and Family Services · No. 1:23-cv-04477
- Laura Swain
- Sept. 12, 2023
Background
The court had directed Valdissa Robinson, by an order dated July 10, 2023, to file an amended complaint within 60 days. That order stated that failing to comply would result in dismissal. Robinson did not file an amended complaint.
Ruling
The court dismissed the complaint. It stated two grounds: failure to state a claim on which relief can be granted and Eleventh Amendment immunity. The complaint had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1).
Appeal and Judgment
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 Robinson permission to appeal without prepaying the filing fee. The court ordered that judgment enter.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.