Bouvier v. Bouvier Kennedy Schlossberg
- Laura Swain
- 1:24-cv-01374
- U.S. District Court · Southern District of New York
- 2
In Bouvier v. Bouvier Kennedy Schlossberg, Judge Swain denied reconsideration because this court lacked jurisdiction to review the Second Circuit’s dismissal.
Carla Bouvier’s reconsideration motion was denied, the case remained closed, and fee-free appeal status was denied for an appeal from this order.
What happened
In Bouvier v. Bouvier Kennedy Schlossberg, the court had already dismissed Carla Bouvier’s case and entered judgment. The case was closed, and Bouvier appealed.
The Second Circuit dismissed the appeal. Bouvier then filed a reconsideration motion in the district court, but the motion was directed to the Court of Appeals’ dismissal order.
Judge Laura Taylor Swain ruled that the district court could not review another court’s decision. She denied the motion, kept the case closed, and denied fee-free appeal status because any appeal from this order would not be taken in good faith.
The detailed version
- Bouvier v. Bouvier Kennedy Schlossberg · No. 1:24-cv-01374
- Laura Swain
- June 17, 2025
Background
The court had dismissed the case under 28 U.S.C. § 1915(e)(2)(B)(i) on July 8, 2024. The Clerk entered judgment on July 10, 2024, and terminated the case that day. Carla Bouvier filed a notice of appeal. The opinion states that the Second Circuit dismissed the appeal on December 2, 2024.
On December 11, 2024, Bouvier filed a motion for reconsideration. The motion was captioned for the Court of Appeals and sought reconsideration of the Second Circuit’s December 2 dismissal order.
Court’s ruling
The court held that it lacked jurisdiction—the legal authority to review the matter—because a district court cannot review another court’s decision. The court therefore denied Bouvier’s motion for lack of jurisdiction. Its conclusion states: “Plaintiff’s motion at ECF 13 is denied.” The case remains closed.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied fee-free appeal status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.