Lewis v. Old Navy

Background

Regina Lewis, proceeding without a lawyer, brought an action alleging that Old Navy, Synchrony Bank, and “Dicks” violated the Fair Credit Reporting Act, a federal law governing consumer credit reporting. The court had previously allowed Lewis to proceed without paying filing fees.

Screening standard

Because Lewis was proceeding without paying filing fees, the court was required to screen the amended complaint. It had to dismiss claims that were frivolous or malicious, failed to state a legally sufficient claim, sought money from an immune defendant, or were outside the court’s subject-matter jurisdiction. The court also explained that self-represented filings are read liberally, but they still must provide enough factual detail to make liability plausible.

Service on Old Navy and Synchrony Bank

The court directed the Clerk of Court to issue summonses and prepare the required service forms for Old Navy and Synchrony Bank. The U.S. Marshals Service was instructed to serve those defendants because Lewis was permitted to proceed without paying filing fees. The court extended the service deadline until 90 days after the summonses are issued. It also stated that Lewis must notify the court in writing if her address changes.

Dismissal of “Dicks”

Lewis named “Dicks” in the amended complaint’s caption but alleged no facts about that defendant. The court therefore found no factual basis suggesting that “Dicks” was legally responsible for the alleged Fair Credit Reporting Act violations or resulting injuries. The court dismissed Lewis’s claims against “Dicks” without prejudice, allowing Lewis to request permission to file a second amended complaint stating viable claims against that defendant.

Application to appeal without paying filing fees

Lewis attached an application to appeal without paying filing fees. The court denied that application as unnecessary because the case was proceeding on the amended complaint and Lewis had not filed a notice of appeal. The court also certified that any appeal from the order would not be taken in good faith and denied fee-waiver status for purposes of an appeal.

Disposition

The court ordered service on Old Navy and Synchrony Bank, dismissed without prejudice Lewis’s claims against “Dicks,” and denied Lewis’s application to appeal without paying filing fees. This order did not decide the underlying question whether any defendant violated the Fair Credit Reporting Act.