Washington v. New York Police Department
- Laura Swain
- 1:23-cv-05820
- U.S. District Court · Southern District of New York
- 1
In Washington v. New York Police Department, Chief Judge Swain dismissed the complaint after Washington failed to file the required amended complaint.
Charmeen Denise Washington’s complaint was dismissed, and her permission to appeal without paying the filing fee was denied. The order directed entry of judgment against the defendants.
What happened
In Washington v. New York Police Department, the court had previously ordered Charmeen Denise Washington to file an amended complaint within 60 days. The order warned that failing to do so would result in dismissal.
Washington did not file an amended complaint. The court therefore dismissed her complaint under the statute governing certain cases filed without paying court fees.
Chief Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Washington permission to appeal without paying court fees. The court directed the clerk to enter judgment.
The detailed version
- Washington v. New York Police Department · No. 1:23-cv-05820
- Laura Swain
- Oct. 10, 2023
Background
On August 8, 2023, the Court ordered Plaintiff Charmeen Denise Washington to file an amended complaint within 60 days. The order stated that failing to comply would result in dismissal. The complaint had been filed without paying the filing fee under 28 U.S.C. § 1915(a)(1).
Court’s Ruling
Washington did not file an amended complaint. The Court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion does not state whether the dismissal was with or without prejudice.
The Court also 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 of Court was directed to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.