Crane v. Annucci
- Laura Swain
- 1:23-cv-06912
- U.S. District Court · Southern District of New York
- 1
In Crane v. Annucci, Chief Judge Swain dismissed the complaint after Michael A. Crane failed to file an amended complaint by the extended deadline.
Michael A. Crane's complaint was dismissed, judgment was ordered entered, and fee-free status was denied for purposes of an appeal.
What happened
In Crane v. Annucci, the court had given Michael A. Crane 60 days to file an amended complaint and later granted him another 30 days after he requested more time.
Crane did not file an amended complaint. The court therefore dismissed the complaint under the federal statute governing cases filed without paying the filing fee.
Chief Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith, denied fee-free status for an appeal, and directed the clerk to enter judgment.
The detailed version
- Crane v. Annucci · No. 1:23-cv-06912
- Laura Swain
- Jan. 16, 2024
Background
The court had previously given Michael A. Crane 60 days to file an amended complaint. After Crane requested more time, the court granted an additional 30 days. The earlier order stated that failing to comply would result in dismissal.
Ruling
Crane 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 provide further details about the claims or explain the statute's specific application beyond Crane's failure to file the amended pleading.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. It directed the clerk to enter judgment in the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.