Cabrera v. Experian
- Laura Swain
- 1:21-cv-08313
- U.S. District Court · Southern District of New York
- 2
In Cabrera v. Experian, Judge Swain dismissed the FCRA claims for failure to state a claim and declined to consider state-law claims.
Lolita Cabrera's FCRA claims were dismissed for failure to state a claim, and her state-law claims were not considered under supplemental jurisdiction. The order ended the action against Experian.
What happened
In Cabrera v. Experian, Lolita Cabrera was given 60 days to file an amended complaint after an earlier order warned that failing to do so would lead to dismissal of her Fair Credit Reporting Act claims and nonconsideration of her state-law claims.
Cabrera did not file an amended complaint. The court dismissed her Fair Credit Reporting Act claims for failure to state a claim on which relief could be granted and declined to consider her state-law claims under its supplemental jurisdiction. The court also denied permission to appeal without paying court fees, finding that an appeal would not be taken in good faith.
Judge Swain entered the order on February 7, 2022. The opinion does not state that the dismissal was with or without prejudice.
The detailed version
- Cabrera v. Experian · No. 1:21-cv-08313
- Laura Swain
- Feb. 7, 2022
Background
By order dated November 5, 2021, the court granted Lolita Cabrera permission to file an amended complaint within 60 days. That order warned that failure to comply would result in dismissal of Cabrera's claims under the Fair Credit Reporting Act (FCRA) for failure to state a claim on which relief may be granted. It also stated that the court would decline to consider Cabrera's state-law claims under supplemental jurisdiction.
Cabrera did not file an amended complaint.
Ruling
The court dismissed the action. It dismissed Cabrera's FCRA claims for failure to state a claim on which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii). The court declined to consider Cabrera's state-law claims under its supplemental jurisdiction, citing 28 U.S.C. § 1367(c)(3).
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying the filing fees. The opinion does not state that the dismissal was with or without prejudice.
Judge Laura Taylor Swain signed the order on February 7, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.