Martinez v. 1906-08 Amethyst Construction Corp.
- Laura Swain
- 1:24-cv-00448
- U.S. District Court · Southern District of New York
- 1
Martinez v. 1906-08 Amethyst Construction Corp.: Judge Swain granted Martinez’s request to withdraw the complaint and voluntarily dismissed the action.
Richard Martinez’s action was voluntarily dismissed at his request. The order also terminated all outstanding motions and denied permission to appeal without paying filing fees.
What happened
In Martinez v. 1906-08 Amethyst Construction Corp., Martinez told the court that he wanted to withdraw his complaint.
The court received Martinez’s withdrawal letter on May 3, 2024. The opinion does not address the underlying claims.
Judge Laura Taylor Swain granted the request, voluntarily dismissed the action under Federal Rule of Civil Procedure 41(a), and directed the clerk to terminate all outstanding motions. The court also denied permission to appeal without paying filing fees, finding that any appeal would not be taken in good faith.
The detailed version
- Martinez v. 1906-08 Amethyst Construction Corp. · No. 1:24-cv-00448
- Laura Swain
- May 7, 2024
Background
On May 3, 2024, the court received a letter from Richard Martinez stating that he wished to withdraw his complaint. The opinion does not discuss the substance of Martinez’s claims.
Ruling
The court granted Martinez’s request to withdraw the action. It voluntarily dismissed the complaint under Federal Rule of Civil Procedure 41(a), which governs voluntary dismissal. The clerk was directed to terminate all outstanding motions.
The court also 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 permission to appeal without paying the required filing fees. The clerk was directed to mail Martinez a copy of the order and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.