Calderon Ortiz v. AmTrust North America, Inc.
- Laura Swain
- 1:23-cv-03305
- U.S. District Court · Southern District of New York
- 1
In Calderon Ortiz v. AmTrust North America, Inc., Chief Judge Swain dismissed the complaint after no amended complaint was filed.
Ana Esther Calderon Ortiz, on behalf of Bonitas Nails & Spa Inc., and the defendants. The court also denied permission to proceed without prepaying the filing fee for an appeal.
What happened
In Calderon Ortiz v. AmTrust North America, Inc., the court had ordered the plaintiff to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal.
The plaintiff did not file an amended complaint. The court dismissed the complaint, which had been filed without prepaying the filing fee, under the federal statute governing such cases.
Chief Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied the plaintiff permission to proceed without prepaying the appeal fee. The clerk was directed to enter judgment.
The detailed version
- Calderon Ortiz v. AmTrust North America, Inc. · No. 1:23-cv-03305
- Laura Swain
- Sept. 20, 2023
Background
Ana Esther Calderon Ortiz filed the complaint on behalf of Bonitas Nails & Spa Inc. without prepaying the filing fee under the federal statute allowing eligible litigants to proceed without that payment. On July 5, 2023, the court ordered the plaintiff to file an amended complaint within 60 days and stated that failure to comply would result in dismissal.
Court’s Action
The plaintiff did not file an amended complaint. The court therefore dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion does not address the underlying claims.
Other Orders and Disposition
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without prepaying the filing fee for an appeal. The clerk was directed to enter judgment. The order does not state that the dismissal was with or without prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.