Antrobus v. New York City
- Jesse Furman
- 1:23-cv-07038
- U.S. District Court · Southern District of New York
- 1
In Antrobus v. New York City, Judge Swain dismissed the complaint after Antrobus failed to file the required amended complaint.
Andre Antrobus's complaint was dismissed, and his permission to appeal without paying the filing fee was denied. The order directed entry of judgment against the defendants named in the case.
What happened
In Antrobus v. New York City, the court had ordered Andre Antrobus to file an amended complaint within 60 days. The order warned that failing to do so would result in dismissal.
Antrobus did not file an amended complaint. The court therefore dismissed the complaint, which had been filed without paying the filing fee, under the cited federal statute. The court also directed the Clerk to enter judgment.
Judge Laura Taylor Swain additionally certified that an appeal would not be taken in good faith and denied Antrobus permission to appeal without paying the filing fee.
The detailed version
- Antrobus v. New York City · No. 1:23-cv-07038
- Jesse Furman
- Jan. 19, 2024
Background
The court had previously ordered Andre Antrobus to file an amended complaint within 60 days. That order stated that failure to comply would result in dismissal of the complaint. Antrobus did not file an amended complaint.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion states that the complaint had been filed without payment of the filing fee under 28 U.S.C. § 1915(a)(1). The order does not address the underlying claims.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied permission to pursue an appeal without paying the filing fee. The Clerk of Court was directed to enter judgment in the case.
Effect of the Order
The complaint was dismissed because Antrobus did not file the required amended complaint. The opinion does not state whether the dismissal permits or bars refiling. The order also denied fee-free status for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.