Adams v. City of New York, Office of Labor Relations
- Laura Swain
- 1:23-cv-06637
- U.S. District Court · Southern District of New York
- 2
Adams v. City of New York: Judge Swain dismissed the action because Adams did not amend his complaint, citing lack of jurisdiction and failure to state a claim.
The dismissal affected Tommy F. Adams’s action against the City of New York and the Office of Labor Relations. The opinion does not describe the underlying claims.
What happened
In Adams v. City of New York, the court had previously allowed Tommy F. Adams 60 days to file an amended complaint. The order warned that failing to do so would lead to dismissal for lack of subject-matter jurisdiction and failure to state a claim.
Adams did not file an amended complaint. The court therefore dismissed the action for those stated reasons.
Judge Laura Taylor Swain directed the Clerk of Court to enter judgment dismissing the action. She also ruled that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees.
The detailed version
- Adams v. City of New York, Office of Labor Relations · No. 1:23-cv-06637
- Laura Swain
- Jan. 16, 2024
Background
In an earlier order dated October 10, 2023, the Court gave Tommy F. Adams permission to file an amended complaint within 60 days. That order stated that failing to file the amended complaint would result in dismissal for lack of subject-matter jurisdiction and failure to state a claim on which relief could be granted.
Court’s Ruling
Adams did not file an amended complaint. The Court dismissed the action for lack of subject-matter jurisdiction and for failure to state a claim on which relief could be granted. The dismissal cited 28 U.S.C. § 1915(e)(2)(B)(ii) and Federal Rule of Civil Procedure 12(h)(3).
The Court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying the required filing fees. Judge Laura Taylor Swain directed the Clerk of Court to enter judgment dismissing the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.