Lieber v. Spira
- Laura Swain
- 1:23-cv-06932
- U.S. District Court · Southern District of New York
- 2
In Lieber v. Spira, Judge Swain granted one final 60-day extension to amend a complaint, warning that failure could lead to dismissal.
Shlomo Lieber, who is representing himself and seeks to amend his complaint; the action against Aron Spira and the other defendants remains subject to the stated filing deadline.
What happened
Lieber v. Spira involves Shlomo Lieber, who is representing himself and had been allowed to proceed without paying court fees. The court had previously dismissed his complaint because it did not state claims within the court’s jurisdiction and gave him time to file an amended complaint. Lieber requested several extensions, including one based on medical issues.
The court granted Lieber one final 60-day extension to file an amended complaint that states facts showing why the federal court has jurisdiction. The court said no further extensions would be granted. If Lieber does not comply and cannot show a good reason for the failure, the clerk will be directed to enter a judgment dismissing the case for the reasons stated in the earlier order.
Judge Laura Taylor Swain also ruled that an appeal from this order would not be taken in good faith and denied Lieber permission to appeal without paying court fees. The order does not itself dismiss the action.
The detailed version
- Lieber v. Spira · No. 1:23-cv-06932
- Laura Swain
- Mar. 7, 2024
Background
Shlomo Lieber is proceeding without a lawyer and without paying filing fees. In an earlier order, the Court dismissed his complaint because it failed to state claims falling within the Court’s subject-matter jurisdiction, meaning the complaint did not show that this federal court had authority to hear the claims. The Court gave Lieber 30 days to file an amended complaint.
Lieber requested multiple extensions. The Court first granted a 30-day extension, then granted a 60-day extension after Lieber cited medical issues. The Court told him that no further extensions would be granted, but Lieber again requested more time and submitted a doctor’s note.
Ruling
The Court granted Lieber one final extension of time. He must file an amended complaint within 60 days of March 7, 2024, and the amended complaint must comply with the earlier order by setting out facts suggesting that the Court has subject-matter jurisdiction over his claims.
The Court stated that no additional extensions would be granted. If Lieber does not file the amended complaint on time and cannot show good cause, meaning a legally sufficient reason for the failure, the Court will direct the clerk to enter a judgment dismissing the action for the reasons given in the earlier order. This order did not itself dismiss the action.
Appeal-related ruling
Under 28 U.S.C. § 1915(a)(3), the Court certified that an appeal from this order would not be taken in good faith and denied Lieber permission to appeal without paying the applicable fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.