Ballentine v. Credit One Bank N.A.
- Laura Swain
- 1:24-cv-04710
- U.S. District Court · Southern District of New York
- 1
In Ballentine v. Credit One Bank N.A., Judge Swain dismissed the federal claims, declined state claims, and denied appeal fee-waiver status.
Plaintiff’s federal claims were dismissed, any state-law claims were not heard by the federal court, and Plaintiff was denied in forma pauperis status for an appeal.
What happened
In Ballentine v. Credit One Bank N.A., the court had ordered Plaintiff to file an amended complaint within 60 days. The order warned that failing to do so would lead to dismissal, but Plaintiff did not file an amended complaint.
The court dismissed Plaintiff’s federal claims because they did not state a claim for which relief could be granted. It declined to decide any state-law claims because the federal claims had been dismissed.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Plaintiff permission to appeal without paying the required fees.
The detailed version
- Ballentine v. Credit One Bank N.A. · No. 1:24-cv-04710
- Laura Swain
- Jan. 23, 2025
Background
On November 21, 2024, the court ordered Plaintiff to file an amended complaint within 60 days. The order stated that failure to comply would result in dismissal. Plaintiff did not file an amended complaint.
Ruling
The court dismissed Plaintiff’s federal claims for failure to state a claim upon which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii). This provision permits dismissal of claims that do not adequately state a legally recognized basis for relief.
The court declined to exercise supplemental jurisdiction over any state-law claims under 28 U.S.C. § 1367(c)(3). Supplemental jurisdiction is the court’s authority to hear related state-law claims after federal claims are before it; the court declined to use that authority here.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied in forma pauperis status for an appeal, meaning Plaintiff could not pursue an appeal without paying the required fees under that status.
Disposition
The federal claims were dismissed, the court declined supplemental jurisdiction over any state-law claims, and in forma pauperis status was denied for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.