Pagan v. Midhudson Forensic Psychiatric Hospital
- Laura Swain
- 1:23-cv-10050
- U.S. District Court · Southern District of New York
- 1
In Pagan v. Midhudson Forensic Psychiatric Hospital, Judge Swain granted Pagan more time to file an amended complaint and denied fee-free appeal status.
Jerry Pagan, whose deadline to file an amended complaint was extended, and the defendants because the case remained pending subject to that deadline.
What happened
In Pagan v. Midhudson Forensic Psychiatric Hospital, the court had previously dismissed Jerry Pagan’s complaint but allowed him 30 days to file an amended complaint. Pagan then asked for more time.
The court granted Pagan’s request and set Friday, March 22, 2024, as the new deadline for filing an amended complaint. The court said that if Pagan missed the deadline, the Clerk of Court would be directed to enter judgment in the case.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied Pagan permission to appeal without paying the filing fees. This order did not decide the underlying claims.
The detailed version
- Pagan v. Midhudson Forensic Psychiatric Hospital · No. 1:23-cv-10050
- Laura Swain
- Feb. 21, 2024
Background
On January 16, 2024, the court dismissed Jerry Pagan’s complaint and gave him 30 days to file an amended complaint. The court received Pagan’s February 6, 2024, letter asking for additional time.
Ruling
The court granted Pagan’s request for additional time. It ordered that the amended complaint be filed by Friday, March 22, 2024. The court stated that if Pagan did not file an amended complaint by that deadline, it would direct the Clerk of Court to enter judgment in the action.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. It therefore denied permission to appeal without paying the required filing fees. The order addressed filing time and appeal-fee status; it did not decide the merits of Pagan’s claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.