Thomas v. Deutsche Bank National Trust Company
- Valerie Caproni
- 1:20-cv-06024
- U.S. District Court · Southern District of New York
- 1
In Thomas v. Deutsche Bank, Judge Caproni adopted the report, granted dismissal, denied amendment, and closed the case.
Eugene Thomas’s complaint was dismissed, his request to amend was denied, and Deutsche Bank National Trust Company prevailed on the motions described in the judgment.
What happened
In Thomas v. Deutsche Bank National Trust Company, the court adopted a report and recommendation in full. The opinion text provided does not explain the underlying dispute or the report’s reasoning.
The court granted Deutsche Bank National Trust Company’s motion to dismiss Eugene Thomas’s complaint and denied Thomas’s request for permission to amend. The court also denied permission to appeal without paying filing fees, finding that any appeal would not be taken in good faith, and closed the case.
Judge Valerie Caproni’s order stated that Thomas’s failure to object to the report barred appellate review of the decision. The order did not state that the dismissal was with or without prejudice.
The detailed version
- Thomas v. Deutsche Bank National Trust Company · No. 1:20-cv-06024
- Valerie Caproni
- Apr. 8, 2021
Background
The provided document is a judgment adopting in full a report and recommendation (a magistrate judge’s recommended decision). It does not include the underlying complaint, the report and recommendation, or the court’s separate memorandum opinion and order, so the reasons for the recommended dismissal are not available in the supplied text.
Rulings
The judgment states that the defendant’s motion to dismiss the complaint was granted. It also states that the plaintiff’s motion for leave to amend—the request for permission to file an amended complaint—was denied. The judgment does not specify whether the dismissal was with or without prejudice.
The court further stated that the report and recommendation had given the parties adequate warning and that the plaintiff’s failure to object barred appellate review of the decision. Under 28 U.S.C. § 1915(a)(3), the court certified that an appeal would not be taken in good faith and denied permission to proceed without paying filing fees for an appeal. The case was then closed.
Effect
The judgment ended the case by granting the dismissal motion and denying leave to amend. Judge Valerie Caproni is identified in the supplied case information; the judgment itself is dated April 8, 2021 and was entered by the clerk of court.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.