Levine v. Project Renewal
- Laura Swain
- 1:24-cv-00616
- U.S. District Court · Southern District of New York
- 1
In Levine v. Project Renewal, Judge Swain dismissed the federal claims and declined state-law jurisdiction after Levine failed to amend.
Morris Glen Levine’s federal claims were dismissed, and the court declined to exercise supplemental jurisdiction over his state-law claims. Project Renewal was the defendant. The court also denied fee-free appeal status.
What happened
In Levine v. Project Renewal, the court had ordered Morris Glen Levine to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal.
Levine did not file an amended complaint by the deadline set in the court’s February 26, 2024 order.
Judge Swain dismissed Levine’s federal claims for failing to state a claim, declined to hear the state-law claims, and denied fee-free appeal status. The Clerk was directed to enter judgment.
The detailed version
- Levine v. Project Renewal · No. 1:24-cv-00616
- Laura Swain
- Apr. 29, 2024
Background
On February 26, 2024, the court ordered Morris Glen Levine to file an amended complaint within 60 days. The order stated that failure to comply would result in dismissal of the complaint. Levine did not file an amended complaint.
Rulings
The court dismissed Levine’s federal claims for failure to state a claim upon which relief may be granted. It declined under 28 U.S.C. § 1367(c)(3) to exercise supplemental jurisdiction, meaning authority to decide related state-law claims, over the state-law claims.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free appeal status. 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.