Cooper v. Department of Correction NYC
- Laura Swain
- 1:23-cv-04885
- U.S. District Court · Southern District of New York
- 1
In Cooper v. Department of Correction NYC, Judge Swain dismissed the complaint after Cooper failed to file the required amended complaint.
Tyrone Cooper's complaint was dismissed, and the defendants named in the case were affected by the termination of the case. Cooper was also denied permission to appeal without prepaying the filing fee.
What happened
In Cooper v. Department of Correction NYC, the court had ordered Tyrone Cooper to file an amended complaint within 60 days. The order warned that failing to do so would result in dismissal, but Cooper did not file one.
The court dismissed the complaint under the statute governing complaints filed without prepaying the filing fee. It also declined to decide any state-law claims and directed the Clerk of Court to enter judgment.
Judge Laura Taylor Swain further ruled that an appeal would not be taken in good faith and denied Cooper permission to appeal without prepaying the fee. The order does not describe the underlying claims or explain why the original complaint needed amendment.
The detailed version
- Cooper v. Department of Correction NYC · No. 1:23-cv-04885
- Laura Swain
- Oct. 4, 2023
Background
On July 7, 2023, the court ordered Tyrone Cooper to file an amended complaint within 60 days. The order stated that failing to comply would result in dismissal. Cooper did not file an amended complaint.
Ruling
The court dismissed Cooper's complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The complaint had been filed under the provision allowing a person to proceed without prepaying the filing fee. The opinion does not provide details about the claims in the complaint or explain the specific reason the court had required an amended complaint.
The court declined to exercise supplemental jurisdiction, meaning it did not decide any state-law claims. The Clerk of Court was directed to enter judgment.
Appeal and Disposition
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 Cooper permission to proceed without prepaying the filing fee for an appeal. Judge Laura Taylor Swain signed the order on October 4, 2023.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.