Stalling v. Finra
- Laura Swain
- 1:21-cv-08390
- U.S. District Court · Southern District of New York
- 1
In Stalling v. FINRA, Judge Swain dismissed the complaint after David Stalling failed to file the required amended complaint.
David Stalling's complaint was dismissed. FINRA remained the named defendant, and Stalling was denied permission to appeal without prepaying the filing fee.
What happened
In Stalling v. FINRA, the court had ordered David Stalling to file an amended complaint within 60 days and warned that failing to do so would result in dismissal.
Stalling did not file an amended complaint. The court therefore dismissed the complaint under the federal statute governing screening of complaints filed without paying filing fees.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Stalling permission to appeal without paying the filing fee.
The detailed version
- Stalling v. Finra · No. 1:21-cv-08390
- Laura Swain
- Jan. 6, 2022
Background
On November 5, 2021, the court ordered David Stalling to file an amended complaint within 60 days. The order warned that failing to comply would result in dismissal. The opinion states that Stalling did not file an amended complaint.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The complaint had been filed without paying the filing fee under the statute that permits a party to proceed without prepaying that fee. The opinion does not state a separate ruling on the underlying claims against FINRA.
Appeal and Service
The Clerk of Court was directed to mail Stalling a copy of the order and record service on the docket. Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without prepaying the filing fee.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.