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S.D.N.Y.Procedural orderFiled Feb. 12, 2024

Varlack v. Hannah

Judge
Laura Swain
Docket
1:23-cv-07425
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedurePro Se
In one sentence

In Varlack v. Hannah, Judge Swain granted withdrawal and dismissed the action without prejudice.

Who this affects

Tynearia A. Varlack and Cuba A. Hannah; the action was dismissed without prejudice and closed.

What happened

In Varlack v. Hannah, Tynearia A. Varlack, who filed the action without a lawyer, sent the court a letter asking to withdraw it.

The court granted her request and dismissed the action without prejudice under Rule 41(a) of the Federal Rules of Civil Procedure.

Judge Laura Taylor Swain terminated all other pending matters, closed the case, and denied fee-free appeal status after certifying that an appeal would not be taken in good faith.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Varlack v. Hannah · No. 1:23-cv-07425
Judge
Laura Swain
Date
Feb. 12, 2024

Background

Tynearia A. Varlack filed this action without a lawyer. On January 22, 2024, she sent the court a letter stating that she wanted to voluntarily withdraw the action.

Ruling

The court granted Varlack’s request under Rule 41(a) of the Federal Rules of Civil Procedure. It dismissed the action without prejudice, terminated all other pending matters, and closed the case.

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 Varlack fee-free appeal status for purposes of an appeal.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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