Moore v. City of New York

Background

Ali Moore, who was proceeding without a lawyer and without paying the filing fee, sued the City of New York and other defendants. He alleged that, on June 13, 2021, while attending a party in Manhattan, two individuals whom he believed were undercover officers approached him and engaged him in a conversation he did not enjoy. Moore said the encounter caused him to feel intimidated, but he did not describe the conversation.

Earlier Proceedings and Amended Complaint

In an October 25, 2024 order, the court dismissed the original complaint for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii) and allowed Moore 30 days to file an amended complaint. The court also declined to exercise supplemental jurisdiction—the authority to hear related state-law claims—over any state-law claims Moore may have asserted.

Moore filed an amended complaint on December 27, 2024. The court found that the amended pleading repeated the exact same facts as the original complaint. Because Moore had already received an opportunity to correct the complaint’s deficiencies, the court declined to allow another amendment.

Ruling

The court dismissed Moore’s amended complaint under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim on which relief may be granted. It again declined to exercise supplemental jurisdiction over any state-law claims. The court directed the Clerk to terminate Moore’s motion to correct errors in the amended complaint and to enter judgment.

The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.