Moore v. Capital One

Background

The provided text is a judgment referring to the court’s Memorandum Opinion and Order dated July 12, 2022. The text does not describe the underlying claims. Capital One Bank (USA), N.A. and the other defendants filed a motion to dismiss Moore’s claims.

Rulings

The court granted the defendants’ motion to dismiss, and Moore’s claims were dismissed in their entirety. Because this was a motion to dismiss, the judgment records a threshold ruling on the sufficiency of the claims as pleaded rather than a decision after trial on the underlying facts.

The court declined to grant Moore permission to file another amended complaint on its own initiative. It stated that the problems with her claims were substantive and that better pleading would not cure them. The court also noted that Moore had previously been given permission to amend to address deficiencies identified in an earlier motion to dismiss, and that she had been warned she would not receive another opportunity to amend for issues raised by the motion. Finally, the court stated that Moore had not requested permission to file another amended complaint or indicated that she possessed facts that would cure the identified problems.

Appeal and Case Status

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the Memorandum Opinion and Order would not be taken in good faith. It therefore denied Moore permission to proceed without paying the required appeal fees. The judgment states that the case is closed.

Disposition

Judge Jesse Furman’s court granted the defendants’ motion to dismiss, dismissed Moore’s claims in their entirety, declined to grant further leave to amend, denied permission to proceed without paying appeal fees, and closed the case.