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S.D.N.Y.Procedural orderFiled Mar. 29, 2020

Torres v. United States Department of State

Judge
Kenneth Karas
Docket
7:18-cv-09555
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureMotion to Dismiss
In one sentence

In Torres v. United States Department of State, Judge Karas granted the Department’s dismissal motion for lack of subject-matter jurisdiction.

Who this affects

The judgment ended Jorge A. Torres, Jr.’s case against the United States Department of State; the Department’s motion to dismiss was granted.

What happened

In Torres v. United States Department of State, the court granted the Department of State’s motion to dismiss and entered judgment for the Department.

The judgment states that the case was dismissed for a lack of subject-matter jurisdiction, meaning the court concluded it had no authority to hear the matter. The court also said that allowing Torres to amend would be futile because the jurisdictional defect did not appear curable.

Judge Kenneth Karas’s court did not grant leave to amend, and the case was closed. The judgment does not describe the underlying claims in the provided text.

The detailed version

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

Case
Torres v. United States Department of State · No. 7:18-cv-09555
Judge
Kenneth Karas
Date
Mar. 29, 2020

Disposition

The court granted the United States Department of State’s motion to dismiss. It entered judgment for the Respondent and closed the case.

Reason for Dismissal

The judgment refers to dismissal for lack of subject-matter jurisdiction, which means the court determined that it lacked legal authority to hear the case. The court stated that repleading would be futile because the jurisdictional defect did not appear to be curable.

Leave to Amend

Although a self-represented plaintiff generally should have an opportunity to amend before dismissal for lack of subject-matter jurisdiction, the court stated that it was not required to allow amendment when amendment would be futile. The court therefore did not grant leave to amend.

Scope of the Provided Text

The judgment does not identify the underlying claims or explain the jurisdictional defect in detail. It states only that the dismissal was based on lack of subject-matter jurisdiction and that the case was closed.

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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