Ezekwo v. Specialized Loan Servicing
- Laura Swain
- 1:23-cv-01141
- U.S. District Court · Southern District of New York
- 2
In Ezekwo v. Specialized Loan Servicing, Judge Swain dismissed the case after Ezekwo failed to file an amended complaint meeting federal pleading rules.
Dr. Ifeoma Ezekwo's case against Specialized Loan Servicing was dismissed, and she was denied fee-free appeal status for an appeal from this order.
What happened
Dr. Ifeoma Ezekwo sued Specialized Loan Servicing without a lawyer. The court had previously dismissed her Second Amended Complaint for not following federal pleading rules but gave her 30 days to file a Third Amended Complaint.
Ezekwo did not file the required Third Amended Complaint. The opinion also says she filed another complaint against the same defendant in a separate case, which the court would address separately.
Judge Laura Taylor Swain dismissed this case under the federal statute governing certain claims brought without a lawyer. The court directed the Clerk to enter judgment, certified that an appeal would not be taken in good faith, and denied fee-free appeal status.
The detailed version
- Ezekwo v. Specialized Loan Servicing · No. 1:23-cv-01141
- Laura Swain
- Jan. 23, 2024
Background
Dr. Ifeoma Ezekwo, proceeding without a lawyer, filed the complaint and paid the filing fees. In a November 19, 2023 order, the Court dismissed her Second Amended Complaint because it did not comply with federal pleading rules. The Court allowed her 30 days to file a Third Amended Complaint and warned that failing to do so would result in dismissal.
Ezekwo did not file a Third Amended Complaint within the permitted time. The opinion notes that she instead filed another complaint against Specialized Loan Servicing in a separate case and that the Court would address that complaint separately.
Ruling
The Court dismissed the matter under 28 U.S.C. § 1915(e)(2)(B)(ii), for the reasons stated in the November 19 order. The opinion does not state that the dismissal was with or without prejudice. The Court directed the Clerk of Court to enter judgment.
The Court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied Ezekwo fee-free appeal status. The opinion cites the Supreme Court's explanation that good faith exists when an appellant seeks review of a nonfrivolous issue.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.