Viverette v. Experian
- Laura Swain
- 1:21-cv-06989
- U.S. District Court · Southern District of New York
- 1
In Viverette v. Experian, Judge Swain dismissed the complaint after Viverette failed to file a required amended complaint.
Ontia Viverette's complaint was dismissed, and her fee-free status for an appeal was denied. Experian was affected because the case was dismissed without a ruling on the underlying claims.
What happened
In Viverette v. Experian, the court had ordered Ontia Viverette to file an amended complaint within 60 days. The order warned that failing to do so would result in dismissal.
Viverette did not file an amended complaint. The court therefore dismissed the complaint under the federal statute governing dismissal of fee-free lawsuits that fail to state a claim. The order does not describe the underlying claims or decide their merits.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Viverette fee-free status for purposes of an appeal.
The detailed version
- Viverette v. Experian · No. 1:21-cv-06989
- Laura Swain
- Apr. 21, 2022
Background
On February 7, 2022, the court ordered Ontia Viverette to file an amended complaint within 60 days. The order expressly stated that failure to comply would result in dismissal. Viverette had filed the complaint under 28 U.S.C. § 1915(a)(1), which permits certain litigants to proceed without paying filing fees.
Ruling
Viverette did not file an amended complaint. The court therefore dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The order does not discuss the claims' substance or resolve whether Viverette's claims against Experian had legal merit.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied fee-free status for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.