Jones v. Bank of New York Mellon Trust Company
- Laura Swain
- 1:23-cv-02104
- U.S. District Court · Southern District of New York
- 2
In Jones v. Bank of New York Mellon Trust Company, Judge Swain granted a 60-day amendment extension and denied appeal fee-waiver status.
Tyrone C. Jones, who must file an amended complaint within 60 days or face a possible later dismissal.
What happened
In Tyrone C. Jones v. Bank of New York Mellon Trust Company, Jones, representing himself, asked for 120 more days to file an amended complaint. The court granted a 60-day extension instead.
The order requires Jones to file the amended complaint within 60 days of the order. It says the court will dismiss the complaint if he misses the deadline without showing a good reason, but the court did not dismiss the complaint in this order.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Jones permission to proceed without paying appeal filing fees.
The detailed version
- Jones v. Bank of New York Mellon Trust Company · No. 1:23-cv-02104
- Laura Swain
- Jan. 5, 2024
Background
Tyrone C. Jones, who is incarcerated in Florida and is proceeding without a lawyer, brought this action against Bank of New York Mellon Trust Company and other defendants. In an order dated November 27, 2023, the court directed Jones to file an amended complaint within 60 days. Jones then filed a letter requesting an additional 120 days.
Ruling
The court granted Jones an extension of 60 days. He must file the amended complaint within 60 days of the January 5, 2024 order. The court warned that if he does not meet the deadline and cannot show good cause—that is, a legally sufficient reason for the delay—it will dismiss the complaint for the reasons stated in the November 27 order. This order did not itself dismiss the complaint.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. It therefore denied Jones permission to proceed without paying filing fees for an appeal.
Disposition
The court granted a 60-day extension of time and denied permission to proceed without paying filing fees for an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.