Johnson v. Wells Fargo Bank, N.A
- Gregory Woods
- 1:23-cv-10883
- U.S. District Court · Southern District of New York
- 1
In Johnson v. Wells Fargo Bank, Judge Woods closed the case after Johnson failed to amend his remaining claim by the deadline.
Todd L. Johnson’s claims against Wells Fargo Bank, N.A. were dismissed with prejudice, and the case was closed.
What happened
In Johnson v. Wells Fargo Bank, N.A., an earlier order dismissed Todd L. Johnson’s Fourteenth Amendment and Electronic Fund Transfer Act claims with prejudice. It dismissed his New York Banking Law Section 9-G claim without prejudice and allowed him to file an amended complaint by August 2, 2024.
Johnson did not file an amended complaint by that deadline. The court therefore dismissed his remaining claims with prejudice, directed the clerk to enter judgment, and closed the case. The court also denied permission to proceed without paying the filing fee for an appeal.
Judge Gregory H. Woods issued the August 9, 2024 order. The order directed the clerk to mail a copy to Johnson.
The detailed version
- Johnson v. Wells Fargo Bank, N.A · No. 1:23-cv-10883
- Gregory Woods
- Aug. 9, 2024
Background
The court stated that, on July 16, 2024, it had adopted Magistrate Judge James L. Cott’s report and recommendation and granted Wells Fargo Bank, N.A.’s motion to dismiss Johnson’s complaint. That earlier order dismissed Johnson’s Fourteenth Amendment and Electronic Fund Transfer Act claims with prejudice. It dismissed Johnson’s New York Banking Law § 9-G claim without prejudice and gave him permission to file an amended complaint repleading that claim by August 2, 2024.
Ruling
The court found that Johnson had not filed an amended complaint as of August 9, 2024. It therefore dismissed Johnson’s claims with prejudice. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying the filing fee for an appeal.
Disposition
Judge Gregory H. Woods directed the clerk to enter judgment for the defendants, close the case, and mail a copy of the order to Johnson.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.