Brewer v. Burns
- Laura Swain
- 1:23-cv-09605
- U.S. District Court · Southern District of New York
- 1
In Brewer v. Burns, Judge Swain granted Brewer’s withdrawal request, dismissed the action without prejudice, and denied fee-free status for an appeal.
Dennis Sheldon Brewer’s action was dismissed without prejudice after his withdrawal request was granted; the defendants and all other pending matters in the case were affected by the case’s closure.
What happened
In Brewer v. Burns, Dennis Sheldon Brewer, who represented himself, asked to withdraw his action. The opinion does not describe the underlying claims.
The court granted Brewer’s motion to withdraw and dismissed the action without prejudice under Federal Rule of Civil Procedure 41(a). It also terminated all other pending matters and closed the action.
Judge Laura Taylor Swain certified that any appeal would not be taken in good faith and denied Brewer permission to proceed without paying fees for an appeal.
The detailed version
- Brewer v. Burns · No. 1:23-cv-09605
- Laura Swain
- Mar. 28, 2024
Background
Dennis Sheldon Brewer filed the action without a lawyer. On March 27, 2024, he moved to withdraw the action. The opinion does not describe the claims or the underlying dispute.
Rulings
The court granted Brewer’s motion to withdraw under Federal Rule of Civil Procedure 41(a). It dismissed the action without prejudice, meaning the dismissal did not bar refiling. The court also terminated all other pending matters and closed the action.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied permission to proceed without paying filing fees for an appeal. 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.