Lieber v. Spira
- Laura Swain
- 1:23-cv-06932
- U.S. District Court · Southern District of New York
- 2
In Lieber v. Spira, Judge Swain granted one final amendment deadline and denied in forma pauperis status for an appeal.
Shlomo Lieber, who was representing himself and seeking additional time to amend his complaint, must file an amended complaint within 30 days or face a possible judgment dismissing the action. His ability to appeal without paying the filing fee was also denied.
What happened
In Lieber v. Spira, Shlomo Lieber was representing himself and had been given three extensions to file an amended complaint after the court dismissed his action for failing to state a claim.
The court granted Lieber one final opportunity to file an amended complaint within 30 days of the order. It said no further extensions would be granted and warned that failure to comply, without good cause, would lead to a judgment dismissing the action for the reasons stated in the earlier order.
Judge Swain also ruled that an appeal from this order would not be taken in good faith and denied Lieber permission to proceed without paying the appeal filing fee. The order itself did not enter a new dismissal.
The detailed version
- Lieber v. Spira · No. 1:23-cv-06932
- Laura Swain
- May 8, 2024
Background
Shlomo Lieber was proceeding without a lawyer and without paying the filing fee. On November 11, 2023, the court dismissed the action for failure to state a claim, meaning the complaint did not adequately allege a legally valid claim. The court nevertheless allowed Lieber 30 days to file an amended complaint.
Lieber then requested multiple extensions. The court granted an extension on December 11, 2023, and another 60-day extension on January 9, 2024. On March 7, 2024, after another request supported by a doctor's note, the court granted a further extension and stated that it was the last extension it would grant. On May 7, 2024, Lieber requested another extension, explaining that he had contacted the New York Legal Assistance Group and had unsuccessfully sought a lawyer through bar associations.
Rulings
The court granted Lieber one final opportunity to file an amended complaint. It required him to file it within 30 days of the May 8, 2024 order and stated that no further extensions would be granted, regardless of the reason for any request. The court warned that if Lieber did not comply and could not show good cause for the failure, it would direct the Clerk of Court to enter a judgment dismissing the action for the reasons given in the November 11, 2023 order.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and denied permission to proceed without paying the filing fee for purposes of an appeal. The order did not itself enter a judgment dismissing the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.