Dixon v. U.S. Attorney Office
- Laura Swain
- 1:24-cv-01519
- U.S. District Court · Southern District of New York
- 1
In Dixon v. U.S. Attorney Office, Judge Swain granted Dixon’s withdrawal motion and dismissed the action without prejudice.
Demark Dixon and U.S. Attorney Office; the action was dismissed without prejudice, and fee-free status for an appeal was denied.
What happened
In Dixon v. U.S. Attorney Office, Demark Dixon asked the court to withdraw the action on March 18, 2024.
The court granted Dixon’s motion and dismissed the action without prejudice, meaning the dismissal did not bar a later filing. The court relied on Federal Rule of Civil Procedure 41(a).
Chief Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Dixon fee-free status for an appeal.
The detailed version
- Dixon v. U.S. Attorney Office · No. 1:24-cv-01519
- Laura Swain
- Mar. 21, 2024
Background
On March 18, 2024, Demark Dixon filed a motion asking to withdraw this action. The opinion does not describe the underlying claims.
Ruling
The court granted Dixon’s motion and dismissed the action without prejudice under Federal Rule of Civil Procedure 41(a). A dismissal without prejudice does not bar a later filing. The opinion does not state any additional conditions on refiling.
Appeal
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 fee-free status for purposes of an appeal. Chief Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.