Cabrera v. Experian
Cabrera v. Experian
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LOLITA CABRERA, Plaintiff, 1:21-CV-8313 (LTS) -against- ORDER OF DISMISSAL EXPERIAN, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated November 5, 2021, the Court granted Plaintiff leave to file an amended complaint within 60 days. That order specified that failure to comply would result in dismissal of Plaintiff’s claims under the Fair Credit Reporting Act (“FCRA”) for failure to state a claim on which relief may be granted, and the Court’s declining to consider, under its supplemental jurisdiction, Plaintiff’s claims under state law. Plaintiff has not filed an amended complaint. Accordingly, the Court dismisses this action. The Court dismisses Plaintiff’s claims under the FCRA for failure to state a claim on which relief may be granted, see
28 U.S.C. § 1915(e)(2)(B)(ii), and declines to consider, under its supplemental jurisdiction, Plaintiff’s claims under state law, see
28 U.S.C. § 1367(c)(3). The Court certifies under
28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States,
369 U.S. 438, 444-45(1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). Plaintiff has consented to electronic service of court documents. (ECF 2, at 9.) SO ORDERED. Dated: February 7, 2022 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
Reference
- Status
- Unknown