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S.D.N.Y.Procedural orderFiled May 9, 2024

Torres v. Wellpath

Judge
Laura Swain
Docket
1:23-cv-10602
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Torres v. Wellpath, Chief Judge Swain dismissed Torres’s complaint after he failed to file the required amended complaint.

Who this affects

Jesus Torres’s complaint was dismissed, and his permission to proceed without paying fees on appeal was denied.

What happened

In Torres v. Wellpath, the court had ordered Jesus Torres to file an amended complaint within 60 days. The order warned that failing to do so would lead to dismissal.

Torres did not file an amended complaint. The court therefore dismissed his complaint under the statute governing screening of complaints filed by people who cannot afford filing fees.

Chief Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Torres permission to proceed without paying appeal fees. The court directed the Clerk of Court to enter judgment.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Torres v. Wellpath · No. 1:23-cv-10602
Judge
Laura Swain
Date
May 9, 2024

Background

By an order dated February 28, 2024, the Court directed Plaintiff Jesus Torres to file an amended complaint within 60 days. That order stated that failing to comply would result in dismissal of the complaint. Torres did not file an amended complaint.

Ruling

The Court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The complaint had been filed in forma pauperis, meaning Torres was allowed to proceed without paying the filing fee. The opinion does not describe the claims in the complaint or explain the contents of the earlier order beyond its deadline and warning.

Chief United States District Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The Court therefore denied in forma pauperis status for purposes of an appeal and directed the Clerk of Court to enter judgment. The order does not state that the dismissal was with or without prejudice.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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