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S.D.N.Y.Procedural orderFiled Feb. 20, 2024

Phillips v. Mattress Firm Inc.

Judge
Laura Swain
Docket
1:23-cv-09134
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedurePro Se
In one sentence

Phillips v. Mattress Firm, Inc.: Judge Swain dismissed Phillips’s complaint after he failed to file the required amended complaint.

Who this affects

Tyler R. Phillips, whose complaint was dismissed, and the defendants in the case.

What happened

In Phillips v. Mattress Firm, Inc., the court had previously ordered Tyler R. Phillips to file an amended complaint within 60 days and warned that failing to do so would result in dismissal.

Phillips did not file an amended complaint. The court therefore dismissed his complaint, which had been filed without paying the filing fee, under the federal statute governing screening of such complaints.

Chief Judge Laura Taylor Swain directed the Clerk of Court to enter judgment and denied Phillips permission to appeal without paying the filing fee, finding 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
Phillips v. Mattress Firm Inc. · No. 1:23-cv-09134
Judge
Laura Swain
Date
Feb. 20, 2024

Background

By an order dated December 5, 2023, the court directed Tyler R. Phillips to file an amended complaint within 60 days. The order warned that failure to comply would result in dismissal. The opinion does not state the claims or allegations in the complaint.

Court’s Ruling

Phillips did not file an amended complaint. The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The complaint had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1). This provision permits dismissal during court screening when the statutory grounds for dismissal apply.

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 prepaying the filing fee. The Clerk of Court was directed to enter judgment. Chief United States District Judge Laura Taylor Swain signed the order.

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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