Manley v. Achieve Card

District Court, E.D. New York

Manley v. Achieve Card

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------x TYRA TYREL MANLEY,

Plaintiff, ORDER 19-CV-4295 (RRM) (LB) -against-

ACHIEVE CARD,

Defendant. ----------------------------------------------------x ROSLYNN R. MAUSKOPF, United States District Judge:

In an Order to Show Cause dated November 18, 2019, the Court directed pro se plaintiff Tyra Tyrel Manley to show cause why this action should not be dismissed for lack of subject- matter jurisdiction. That Order gave Manley 30 days in which to submit a writing 1) explaining why she believed that recovery in excess of $75,000 was reasonably possible or 2) identifying a federal statute of provision of the United States Constitution that was at issue in the case, and warned: “If Manley fails to do either within the time allowed, this action will be dismissed for lack of subject-matter jurisdiction.” (11/18/2019 Order (Doc. No. 7) at 7.) The Clerk of Court mailed the Order to Manley on November 21, 2019. To date, Manley has not filed a response or requested an extension of time in which to do so. Accordingly, it is ORDERED that for the reasons stated in the 11/18/2019 Order, this action is dismissed for lack of subject-matter jurisdiction pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure. The Court certifies pursuant to

28 U.S.C. § 1915

(a)(3) that any appeal would not be taken in good faith, and therefore in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States,

269 U.S. 438

, 444–45 (1962). It is further ORDERED that the Clerk of Court enter judgment in favor of defendant Achieve Card, mail a copy of the judgment and this Order to plaintiff, note the mailing on the docket sheet, and close this case. SO ORDERED.

Dated: Brooklyn, New York Roslynn R. Mauskopf January 14, 2020 ________________________________ ROSLYNN R. MAUSKOPF United States District Judge

Reference

Status
Unknown