Duncan v. Key Bank
- Laura Swain
- 1:22-cv-09725
- U.S. District Court · Southern District of New York
- 1
Duncan v. Key Bank: Judge Swain dismissed Duncan’s complaint for not filing the required amended complaint and denied fee-free appeal status.
Judi Duncan’s complaint was dismissed; Key Bank and the other named defendants were affected by the entry of judgment. Duncan was also denied permission to appeal without paying filing fees.
What happened
In Duncan v. Key Bank, the court had ordered Judi Duncan to file an amended complaint within 60 days. The order warned that failing to do so would result in dismissal, but Duncan did not file one.
The court dismissed the complaint for failing to state a legally sufficient claim. It also denied Duncan permission to appeal without paying the required filing fees and directed the clerk to enter judgment.
Chief United States District Judge Laura Taylor Swain issued the order on April 11, 2023.
The detailed version
- Duncan v. Key Bank · No. 1:22-cv-09725
- Laura Swain
- Apr. 11, 2023
Background
The court had directed Judi Duncan, by an order dated February 6, 2023, to file an amended complaint within 60 days. That order stated that failing to comply would result in dismissal. Duncan did not file an amended complaint.
Ruling
The court dismissed the complaint for failure to state a claim upon which relief may be granted. The dismissal occurred under the statute governing screening of complaints filed without paying filing fees, 28 U.S.C. § 1915. The opinion does not describe the claims or explain why the original complaint failed to state a claim.
The court certified that any appeal would not be taken in good faith and denied Duncan permission to appeal without paying filing fees. The court also directed the clerk to enter judgment in the case. Chief United States District Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.