Jones v. All Public Officials
- Laura Swain
- 1:23-cv-10044
- U.S. District Court · Southern District of New York
- 1
In Jones v. All Public Officials, Judge Swain dismissed the complaint after Jones failed to file the required amended complaint.
Tyrell Lienell Jones, whose complaint was dismissed and whose permission to proceed without paying the filing fee on appeal was denied.
What happened
In Jones v. All Public Officials, the court had ordered Tyrell Lienell Jones to file an amended complaint within 30 days. The order warned that failing to do so would lead to dismissal.
Jones did not file an amended complaint. The court therefore dismissed the complaint, which had been filed without paying the filing fee under the federal statute allowing that status.
Chief Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Jones permission to proceed without paying the appeal fee. The clerk was directed to enter judgment.
The detailed version
- Jones v. All Public Officials · No. 1:23-cv-10044
- Laura Swain
- Feb. 20, 2024
Background
The court had previously ordered Plaintiff Tyrell Lienell Jones to file an amended complaint within 30 days. That order stated that failing to comply would result in dismissal. The opinion states that Jones did not file an amended complaint.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The complaint had been filed under a procedure allowing a person to proceed without paying the filing fee. The opinion does not describe the underlying claims or explain the court’s assessment of their merits.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying the filing fee for an appeal. The clerk was directed to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.