Noe v. Ray Realty
- Rearden
- 1:19-cv-01455
- U.S. District Court · Southern District of New York
- 2
In Noe v. Ray Realty, Judge Rearden dismissed the amended complaint after Noe failed to file a permitted replacement complaint and denied appeal-related fee waiver status.
Carol Noe, whose amended complaint was dismissed after she did not file the second amended complaint permitted by the court; the case was closed.
What happened
In Noe v. Ray Realty, the court had previously dismissed all claims in Carol Noe’s amended complaint but allowed her to file a second amended complaint by April 30, 2025. The court warned that the case would be dismissed without further notice if she did not do so.
Noe instead filed a notice of appeal. The Second Circuit later dismissed that appeal after she failed to file a required form. Noe also did not file a second amended complaint in the district court.
Judge Jennifer H. Rearden dismissed the amended complaint under the federal statute governing dismissal of certain claims filed without paying court fees. The judge also denied fee-waiver status for any appeal, certified that an appeal would not be taken in good faith, and directed the clerk to close the case.
The detailed version
- Noe v. Ray Realty · No. 1:19-cv-01455
- Rearden
- Aug. 8, 2025
Background
The court had previously adopted a magistrate judge’s recommendation to dismiss all claims in Carol Noe’s amended complaint under Federal Rule of Civil Procedure 12(b)(6), which addresses complaints that do not adequately state a legal claim. That earlier order allowed Noe to file a second amended complaint by April 30, 2025, and stated that the case would be dismissed without further notice if she did not do so.
Subsequent filings
Noe filed a notice of interlocutory appeal on April 28, 2025, rather than filing a second amended complaint. The United States Court of Appeals for the Second Circuit later deemed the appeal in default because Noe had not filed a required form. After she failed to file the form by the court’s deadline, the Second Circuit dismissed the appeal. Noe also did not file a second amended complaint in the district court.
Ruling
Judge Jennifer H. Rearden dismissed the amended complaint under 28 U.S.C. § 1915(e)(2)(B)(ii), a provision requiring dismissal of certain claims filed without paying court fees. The order also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied fee-waiver status for an appeal. The court directed the clerk to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.