Jackson v. Middletown N.Y. Police Dept.
- Laura Swain
- 1:23-cv-01595
- U.S. District Court · Southern District of New York
- 1
In Jackson v. Middletown NY Police Dept., Chief Judge Swain dismissed the complaint after Jackson missed the deadline to amend and denied fee-free appeal status.
Naajib Jackson’s complaint was dismissed for failing to file the required amended complaint. His permission to appeal without paying the filing fee was also denied. The opinion does not identify the underlying claims.
What happened
In Jackson v. Middletown NY Police Dept., the court dismissed Naajib Jackson’s complaint after he did not file the required amended complaint.
The court had ordered Jackson to amend within 60 days and later gave him another 60-day extension. Jackson filed neither an amended complaint nor any communication with the court.
The court also denied Jackson permission to appeal without paying filing fees, finding that an appeal would not be taken in good faith. Chief Judge Swain directed the clerk to enter judgment.
The detailed version
- Jackson v. Middletown N.Y. Police Dept. · No. 1:23-cv-01595
- Laura Swain
- Oct. 11, 2023
Background
On May 4, 2023, the court ordered Naajib Jackson to file an amended complaint within 60 days and warned that failing to do so would result in dismissal. On July 19, 2023, the court granted Jackson an additional 60 days to comply. Jackson did not file an amended complaint or otherwise communicate with the court.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion states that the complaint had been filed without payment of the filing fee under the statute allowing a person who cannot pay to proceed without that fee. The opinion does not explain the claims in the complaint or decide their merits.
Appeal and Case Status
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied Jackson permission to appeal without paying the filing fee. The clerk was directed to enter judgment. Chief United States District Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.