Magee v. American Express
- Colleen McMahon
- 1:19-cv-08476
- U.S. District Court · Southern District of New York
- 1
In Magee v. American Express, Judge McMahon dismissed the complaint after Magee failed to file the required amended complaint.
Quincy Magee's complaint was dismissed, and the court declined to hear any state-law claims Magee may have been asserting. The order also denied fee-waiver status for an appeal.
What happened
In Magee v. American Express, the court had ordered Quincy Magee to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal.
Magee did not file an amended complaint. The opinion does not describe the claims in the original complaint, but it says Magee may have been asserting state-law claims.
Judge Colleen McMahon dismissed the complaint under the federal law governing screening of complaints filed without prepaying filing fees. She declined to hear any state-law claims and denied fee-waiver status for an appeal because the appeal would not be taken in good faith.
The detailed version
- Magee v. American Express · No. 1:19-cv-08476
- Colleen McMahon
- Jan. 14, 2020
Background
By an order dated November 12, 2019, the court directed Quincy Magee to file an amended complaint within 60 days. The order warned that failure to comply would result in dismissal. Magee did not file an amended complaint.
The complaint had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1). The opinion does not explain the underlying claims or identify which claims were federal or state-law claims.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B), the provision governing dismissal during screening of a complaint filed without prepaying the filing fee. The court also declined under 28 U.S.C. § 1367(c) to exercise supplemental jurisdiction, meaning authority to hear related state-law claims, over any state-law claims Magee might be asserting.
The court directed the clerk to mail the order to Magee and record service on the docket. It certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and therefore denied fee-waiver status for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.