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S.D.N.Y.Procedural orderFiled Feb. 11, 2025

MCMILLAN v. AMERICAN EXPRESS COMPANY

Judge
Laura Swain
Docket
1:24-cv-05684
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In MCMILLAN v. AMERICAN EXPRESS COMPANY, Judge Swain dismissed the action and denied fee-free appeal status, relying on an earlier order.

Who this affects

The judgment dismisses Brittany R. McMillan’s action against American Express Company and The Bank of New York Mellon and denies McMillan permission to appeal without paying filing fees.

What happened

In MCMILLAN v. AMERICAN EXPRESS COMPANY, Brittany R. McMillan sued American Express Company and The Bank of New York Mellon. The judgment says the action was dismissed for the reasons given in a December 10, 2024, order, which is not included here.

The court also ruled that an appeal would not be taken in good faith. It therefore denied McMillan permission to appeal without paying the filing fees.

Chief United States District Judge Laura Taylor Swain entered the judgment on February 11, 2025. This opinion does not explain the underlying reasons for dismissing the action.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
MCMILLAN v. AMERICAN EXPRESS COMPANY · No. 1:24-cv-05684
Judge
Laura Swain
Date
Feb. 11, 2025

Background

Brittany R. McMillan brought this action against American Express Company and The Bank of New York Mellon. The judgment refers to a December 10, 2024, order as stating the reasons for dismissal, but that order is not included in the provided opinion.

Ruling

The court dismissed the action. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the judgment would not be taken in good faith. Based on that certification, the court denied permission to appeal without paying filing fees. The judgment does not state the claims, the parties’ arguments, or the specific basis for the dismissal.

Judge

Chief United States District Judge Laura Taylor Swain entered the judgment on February 11, 2025.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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