Ward v. Chemerinski
- Laura Swain
- 1:23-cv-06410
- U.S. District Court · Southern District of New York
- 1
In Ward v. Chemerinski, Judge Swain dismissed the action after Ward failed to replead and declined jurisdiction over state-law claims.
Antoinette Ward's federal and state-law claims were dismissed or left without supplemental federal jurisdiction after she did not file an amended complaint; the defendants were affected by the termination of the action.
What happened
In Ward v. Chemerinski, Antoinette Ward represented herself and sued Dr. Chemerinski and other defendants. The court had previously dismissed her complaint for failing to state a claim and gave her 60 days to file an amended complaint.
Ward did not file an amended complaint or otherwise contact the court. The court therefore dismissed her claims for the reasons stated in the earlier order and declined to hear any state-law claims under the supplemental-jurisdiction statute. The clerk was directed to enter judgment.
Judge Laura Taylor Swain also found that an appeal would not be taken in good faith and denied Ward permission to appeal without prepaying court fees.
The detailed version
- Ward v. Chemerinski · No. 1:23-cv-06410
- Laura Swain
- Feb. 20, 2024
Background
Antoinette Ward filed the action without a lawyer against Dr. Chemerinski and other defendants. The opinion states that, in an order dated November 28, 2023, the court dismissed the complaint for failure to state a claim on which relief could be granted and gave Ward 60 days to file an amended complaint. The court also warned that the action would be dismissed if she did not do so.
Failure to Replead
Ward did not file an amended complaint and did not otherwise communicate with the court. The opinion refers to the reasons for dismissal as being set forth in a December 28, 2023 order.
Ruling
The court dismissed Ward's claims for the reasons stated in the December 28 order. It also declined, under 28 U.S.C. § 1367(c), to exercise supplemental jurisdiction, meaning jurisdiction over related state-law claims, and directed the clerk to enter judgment.
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 Ward permission to appeal without prepaying court fees. The opinion does not state whether the dismissal was with or without prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.