Hussey v. Honorable Ellen Biben
- Laura Swain
- 1:23-cv-04381
- U.S. District Court · Southern District of New York
- 2
In Hussey v. Biben, Judge Swain dismissed the complaint after Hussey failed to file the required amended complaint.
The dismissal ended Yessuh Suhyes Hussey’s complaint against Ellen Biben, Dana Levin, Kelley Duffy, Christopher Disanto, Michael Dimggio, and Louis A. Molina; the court also denied Hussey permission to proceed without prepaying the appeal filing fee.
What happened
In Hussey v. Biben, the court had ordered Yessuh Suhyes Hussey to file an amended complaint within 60 days, then gave him 30 additional days. Both orders warned that failing to comply would lead to dismissal.
Hussey did not file an amended complaint. The court therefore dismissed the complaint for the reasons stated in its August 28, 2023 order, which this opinion does not repeat.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Hussey permission to proceed without paying the appeal filing fee. The court directed the clerk to enter judgment.
The detailed version
- Hussey v. Honorable Ellen Biben · No. 1:23-cv-04381
- Laura Swain
- Jan. 9, 2024
Background
Yessuh Suhyes Hussey filed the complaint without prepaying the filing fee under the federal statute allowing qualifying litigants to proceed without paying that fee. On August 28, 2023, the court ordered Hussey to file an amended complaint within 60 days and warned that failure to do so would result in dismissal. On November 9, 2023, the court granted Hussey an additional 30 days and repeated the warning.
Court’s Ruling
Hussey did not file an amended complaint. The court dismissed the complaint for the reasons stated in its August 28, 2023 order. The opinion does not describe those earlier reasons, so it does not establish from this text what defects the court had identified in the original complaint.
The court certified that any appeal would not be taken in good faith and denied Hussey permission to proceed without prepaying the appeal filing fee. It directed the clerk to enter judgment. The order was signed by Chief United States District Judge Laura Taylor Swain.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.