Tanser v. Surrogate Court
- Laura Swain
- 1:23-cv-01893
- U.S. District Court · Southern District of New York
- 1
In Tanser (Keye) v. Surrogate Court, Judge Swain dismissed the complaint for failure to state a claim, declined state-law jurisdiction, and denied fee-free appeal status.
Julie I. Tanser (Keye): her complaint was dismissed, any state-law claims she may have been asserting were not heard, and fee-free appeal status was denied.
What happened
In Tanser (Keye) v. Surrogate Court, the court had previously found that Julie I. Tanser (Keye)'s allegations did not state a claim under a federal civil-rights law and gave her 30 days to file an amended complaint.
Tanser did not file an amended complaint before the deadline expired. The court therefore dismissed the complaint for failure to state a claim and declined to hear any state-law claims she might be asserting.
Judge Laura Taylor Swain directed the Clerk of Court to enter judgment. She also ruled that an appeal would not be taken in good faith and denied fee-free status for any appeal.
The detailed version
- Tanser v. Surrogate Court · No. 1:23-cv-01893
- Laura Swain
- July 12, 2023
Background
In an order dated May 5, 2023, the court held that Plaintiff's allegations failed to state a claim under 42 U.S.C. § 1983, a federal civil-rights statute. The court allowed Plaintiff 30 days to file an amended complaint and stated that the matter would be dismissed if she did not do so. Plaintiff did not file an amended complaint, and the deadline expired.
Ruling
The court dismissed Plaintiff's complaint for failure to state a claim on which relief can be granted. Under 28 U.S.C. § 1367(c), the court declined to exercise supplemental jurisdiction—the authority to hear related state-law claims—over any state-law claims Plaintiff may be asserting.
Appeal and Judgment
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 in forma pauperis status, meaning permission to proceed without paying the usual court costs, for purposes of an appeal. The Clerk of Court was directed to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.