Lieber v. Spira
- Laura Swain
- 1:23-cv-06932
- U.S. District Court · Southern District of New York
- 2
In Lieber v. Spira, Judge Swain granted Lieber 60 more days to amend his complaint and denied fee-free appeal status.
Shlomo Lieber, who received 60 additional days to file an amended complaint and was denied permission to appeal without prepaying filing fees.
What happened
In Shlomo Lieber v. Aron Spira, et al., the court had previously dismissed Lieber’s complaint because it did not state claims within the court’s subject-matter jurisdiction. The court allowed him to file an amended complaint and later granted one extension of time.
Lieber asked for another extension because of medical issues. The court granted that request and gave him 60 days from the order’s date to file an amended complaint. The court said no further extensions would be granted and that the complaint would be dismissed if he did not meet the deadline without showing a good reason.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied Lieber permission to appeal without prepaying filing fees. The order did not decide the merits of any amended claims.
The detailed version
- Lieber v. Spira · No. 1:23-cv-06932
- Laura Swain
- Jan. 9, 2024
Background
Shlomo Lieber was proceeding without a lawyer and without prepaying filing fees. In an earlier order, the court dismissed his complaint because it failed to state any claims within the court’s subject-matter jurisdiction. The court gave Lieber 30 days to file an amended complaint.
Lieber then requested additional time. The court granted his first request and directed him to file an amended complaint within 30 days of that order. Lieber later requested another extension because of “medical” issues and stated that he would submit medical documents. The court noted that he did not need to submit those documents.
Court’s ruling
The court granted Lieber’s request for another extension of time. It directed him to file an amended complaint within 60 days of the January 8, 2024 order. The court stated that no further extensions would be granted. It also stated that, if Lieber did not comply and could not show good cause—a legally sufficient reason—for the delay, the complaint would be dismissed.
The court certified that any appeal from the order would not be taken in good faith and denied Lieber permission to appeal without prepaying filing fees. This order addressed the filing deadline and appeal status; it did not decide whether any amended claim would succeed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.