Clifton v. The State of New York
- Laura Swain
- 1:23-cv-10257
- U.S. District Court · Southern District of New York
- 1
Clifton v. State of New York was dismissed after no amended complaint was filed, and Judge Swain denied appeal-related IFP status.
Brandon De’Aundre Clifton’s complaint was dismissed, and permission to proceed without paying the filing fee for an appeal was denied. The Clerk of Court was directed to enter judgment.
What happened
In Clifton v. State of New York, Brandon De’Aundre Clifton’s complaint was dismissed after he did not file an amended complaint by the deadline set by the court.
The court had granted Clifton one final opportunity to amend and warned that missing the 30-day deadline would lead to dismissal. Because no amended complaint was filed, the court dismissed the complaint under the statute governing screening of cases filed without paying the required fee.
Chief United States District Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Clifton permission to proceed without paying the appeal filing fee. The Clerk of Court was directed to enter judgment.
The detailed version
- Clifton v. The State of New York · No. 1:23-cv-10257
- Laura Swain
- May 6, 2024
Background
In an order dated April 3, 2024, the court gave Plaintiff one final opportunity to file an amended complaint. The order stated that failure to file the amended complaint within 30 days would result in dismissal. Plaintiff did not file an amended complaint.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion states that the complaint had been filed under the statute allowing a plaintiff to proceed without paying the filing fee. The court did not decide the underlying claims.
Appeal and judgment
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 permission to proceed without paying the filing fee for an appeal. The Clerk of Court was directed to enter judgment in the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.