Scales v. Newtek One
- Laura Swain
- 1:23-cv-07604
- U.S. District Court · Southern District of New York
- 1
In Scales v. Newtek One, Judge Swain dismissed the complaint for lack of subject-matter jurisdiction after Scales failed to amend it as ordered.
William Scales's complaint was dismissed, and he was denied the ability to appeal without prepaying fees.
What happened
In Scales v. Newtek One, the court had ordered William Scales to file an amended complaint within 60 days and warned that failing to do so would result in dismissal. Scales did not file an amended complaint.
The court dismissed the complaint for lack of subject-matter jurisdiction, meaning the court concluded it could not hear the case. The court also ruled that Scales could not appeal without paying the filing fees because any appeal would not be taken in good faith.
Judge Laura Taylor Swain directed the Clerk of Court to enter judgment in the action.
The detailed version
- Scales v. Newtek One · No. 1:23-cv-07604
- Laura Swain
- Mar. 18, 2024
Background
On January 2, 2024, the court ordered William Scales to file an amended complaint within 60 days. The order warned that failure to comply would result in dismissal. Scales did not file an amended complaint.
Ruling
The court dismissed the complaint for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3). Subject-matter jurisdiction is the court's legal authority to hear a case. The opinion does not explain the underlying allegations or decide their merits.
The complaint had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1). The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and therefore denied the ability to proceed without prepaying fees for 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.