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S.D.N.Y.Procedural orderFiled May 30, 2023

Pariah v. Scott

Judge
Laura Swain
Docket
1:23-cv-00231
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureMotion to Dismiss
In one sentence

Judge Swain dismissed Pariah v. Scott for lack of subject-matter jurisdiction after Pariah failed to file an amended complaint.

Who this affects

Jinja “Kyng” Pariah's action against Raymone “Benzino” Scott and the other named defendants was dismissed for lack of subject-matter jurisdiction.

What happened

In Pariah v. Scott, the court had allowed Jinja “Kyng” Pariah 30 days to file an amended complaint and warned that failing to do so would lead to dismissal for lack of subject-matter jurisdiction.

Pariah did not file an amended complaint by the deadline. The opinion states that the court understood Pariah to also be known as Jinja Johnson.

Judge Swain dismissed the action for lack of subject-matter jurisdiction, directed the Clerk to enter judgment, and denied fee-free appeal status after certifying that an appeal would not be taken in good faith.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Pariah v. Scott · No. 1:23-cv-00231
Judge
Laura Swain
Date
May 30, 2023

Background

By an order dated March 13, 2023, the court gave Plaintiff Jinja “Kyng” Pariah 30 days to file an amended complaint. That order stated that failure to file the amended complaint would result in dismissal of the action for lack of subject-matter jurisdiction, meaning the court would not have authority to decide the case. The opinion states that Pariah did not file an amended complaint. In a footnote, the court said it understood Plaintiff to also be known as Jinja Johnson.

Ruling

The court dismissed the action for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3). The opinion does not explain the underlying jurisdictional deficiency beyond noting that Pariah failed to file the required amended complaint. The court directed the Clerk of Court to enter judgment.

Appeal status

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 fee-free appeal status for purposes of an appeal.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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