Rios v. MTA

Background

The defendants were MTA and the City of New York. In an earlier order dated January 10, 2020, the court directed Miguel Rios to explain within 30 days why it should not dismiss his complaint for lack of subject-matter jurisdiction. Subject-matter jurisdiction is a court’s legal authority to hear a case.

The January 10 order was returned to the court on February 20, 2020, marked “Return to Sender.” The court stated that Rios had not complied with the order, had not notified the court that his mailing address had changed, and had not contacted the court further. The court also noted that two earlier orders had been returned because the Postal Service could not forward them, although an order previously mailed to the same address had not been returned.

Ruling

Judge Colleen McMahon dismissed the complaint for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3). The dismissal was without prejudice to Rios’s refiling the action in state court. The opinion does not explain what specifically caused the jurisdictional defect.

The court directed the clerk to mail Rios a copy of the order and record service on the docket. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.