Mustafa v. New York City
- Laura Swain
- 1:23-cv-06516
- U.S. District Court · Southern District of New York
- 1
In Mustafa v. New York City, Chief Judge Swain dismissed the complaint after Mustafa failed to amend it as ordered.
Marwan T. Mustafa's complaint was dismissed, and his permission to appeal without prepaying the filing fee was denied. The court directed entry of judgment for the action.
What happened
In Mustafa v. New York City, the court had ordered Marwan T. Mustafa to file an amended complaint by orders dated October 27, 2023, and January 16, 2024. The orders warned that failing to comply would lead to dismissal, but Mustafa did not file an amended complaint.
The court dismissed the complaint under the federal law governing complaints filed without paying the filing fee. It also denied Mustafa permission to appeal without paying the fee, finding that an appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
Chief Judge Laura Taylor Swain issued the order on April 26, 2024. The opinion does not explain the underlying allegations or address their merits.
The detailed version
- Mustafa v. New York City · No. 1:23-cv-06516
- Laura Swain
- Apr. 26, 2024
Background
Marwan T. Mustafa sued New York City, the New York City Department of Correction, and unnamed individuals. The opinion does not describe the claims or the events underlying the lawsuit.
The complaint was filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1). In orders dated October 27, 2023, and January 16, 2024, the court directed Mustafa to file an amended complaint. Those orders stated that failing to comply would result in dismissal. Mustafa did not file an amended complaint.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion does not provide additional explanation of the statutory basis for dismissal or decide the underlying claims.
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 appeal without prepaying the filing fee. The court also directed the Clerk of Court to enter judgment in the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.