Haber v. Credit One Bank, National Association
- Valerie Caproni
- 1:19-cv-11105
- U.S. District Court · Southern District of New York
- 1
In Haber v. Credit One Bank, Judge Caproni adopted the recommendation, granted defendants’ dismissal motions, denied leave to amend, and denied an appeal fee waiver.
David Martin Haber’s case was dismissed after the court granted Credit Sesame’s and Credit One Bank, N.A.’s motions to dismiss; the court also denied fee-waiver status for an appeal and closed the case.
What happened
Haber sued Credit Sesame and Credit One Bank, N.A.; the judgment does not describe the underlying claims.
The court adopted the magistrate judge’s recommendation in full and granted both defendants’ motions to dismiss. It also declined to give Haber permission to amend his complaint.
Judge Valerie Caproni’s court said Haber’s inadequate objections prevented appellate review, determined that an appeal would not be taken in good faith, denied fee-waiver status for an appeal, and closed the case.
The detailed version
- Haber v. Credit One Bank, National Association · No. 1:19-cv-11105
- Valerie Caproni
- Jan. 19, 2021
Background
The caption identifies David Martin Haber as the plaintiff and Credit Sesame and Credit One Bank, N.A. as the defendants. The judgment does not explain the claims or the factual dispute.
Ruling
The court adopted the report and recommendation in its entirety. A report and recommendation is a magistrate judge’s recommended decision for the district judge to review. The court granted defendants’ motions to dismiss and declined to give Haber leave to amend his complaint.
Appeal and Case Status
The court stated that Haber’s failure to file adequate and specific objections, despite receiving sufficient warning, precluded appellate review of the decision. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The case was closed. Judge Valerie Caproni is identified in the supplied case information; the judgment itself is signed by the court clerk and a deputy clerk.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.