Tanser (Keye) v. Surrogate Court

District Court, S.D. New York

Tanser (Keye) v. Surrogate Court

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JULIE I. TANSER (KEYE) Plaintiff, 23-CV-1893 (LTS) -against- ORDER OF DISMISSAL SURROGATE COURT, ET AL., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated May 5, 2023, the Court held that Plaintiff’s allegations failed to state a claim under

42 U.S.C. § 1983

, and granted her leave to file an amended complaint within 30 days. The Court stated that if Plaintiff did not file an amended complaint within the time allowed, the matter would be dismissed. Plaintiff has not filed an amended complaint, and the time to do so has expired. Accordingly, the Court dismisses Plaintiff’s complaint for failure to state a claim on which relief can be granted. The Court declines, under

28 U.S.C. § 1367

(c), to exercise supplemental jurisdiction of any state law claims that Plaintiff may be asserting. 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. See Coppedge v. United States,

369 U.S. 438, 444-45

(1962). The Clerk of Court is directed to enter judgment in this matter. SO ORDERED. Dated: July 12, 2023 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

Reference

Status
Unknown