Gaines v. AstraZeneca Pharmaceutical
- Laura Swain
- 1:21-cv-05323
- U.S. District Court · Southern District of New York
- 1
Gaines v. AstraZeneca Pharmaceutical was dismissed for lack of subject-matter jurisdiction after Gaines failed to amend his complaint, Judge Swain ruled.
Ernest Edward Gaines's complaint was dismissed, and his request to proceed without prepaying fees on appeal was denied. The order also directed court staff to serve Gaines with the order.
What happened
In Gaines v. AstraZeneca Pharmaceutical, the court had ordered Ernest Edward Gaines to file an amended complaint within 30 days and warned that failing to do so would lead to dismissal for lack of subject-matter jurisdiction. The court later granted him two extensions, but he did not file an amended complaint.
The court dismissed the complaint for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3). It also ruled that any appeal would not be taken in good faith and denied Gaines permission to proceed without paying filing fees on appeal.
Judge Laura Taylor Swain ordered the dismissal and directed the clerk to mail the order to Gaines and record service on the docket.
The detailed version
- Gaines v. AstraZeneca Pharmaceutical · No. 1:21-cv-05323
- Laura Swain
- Feb. 1, 2022
Background
The court had previously directed Gaines to file an amended complaint within 30 days. That order warned that failing to comply would result in dismissal for lack of subject-matter jurisdiction, meaning the court would lack legal authority to hear the case. The court later granted Gaines two extensions of time to amend, but he did not file an amended complaint.
Ruling
The court dismissed the complaint for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3). The opinion states that the complaint had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1). The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
Other Order
The clerk was directed to mail Gaines a copy of the order and note service on the docket. The opinion does not state the underlying basis of the asserted claims or explain why the complaint lacked subject-matter jurisdiction beyond Gaines's failure to file the required amended complaint.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.