Dacosta v. Associated Credit Services, Inc.

Justia Dockets & Filings Second Circuit New York Eastern District Dacosta v. Associated Credit Services, Inc.

Dacosta v. Associated Credit Services, Inc.

Case Number:	1:2024cv04833
Filed:	August 28, 2024
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Nature of Suit:	Consumer Credit
Cause of Action:	15 U.S.C. § 1692 Fair Debt Collection Act

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Date Filed	Document Text
August 28, 2024	Filing 8 ORDER: As further detailed in the accompanying order, and for the reasons outlined in the Order to Show Cause, see ECF No. 6 , Plaintiff's Complaint, which was filed IFP, is dismissed without prejudice for lack of subject matter jurisdic tion. See Carter v. HealthPort Techs., LLC, 822 F.3d 47, 54 (2d Cir. 2016) ("[W]here a complaint is dismissed for lack of Article III standing, the dismissal must be without prejudice, rather than with prejudice."). The Court offer s no opinion on whether Plaintiff might be able to pursue his claims in state court, which, unlike this Court, is not a court of limited subject matter jurisdiction. The Clerk of Court is respectfully directed enter judgment, close the cas e, and to mail a copy of this Order to the pro se Plaintiff. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and, therefore, in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Hector Gonzalez on 8/28/2024. (KM)

Date Filed

Document Text

August 28, 2024

Filing 8 ORDER: As further detailed in the accompanying order, and for the reasons outlined in the Order to Show Cause, see ECF No. 6 , Plaintiff's Complaint, which was filed IFP, is dismissed without prejudice for lack of subject matter jurisdic tion. See Carter v. HealthPort Techs., LLC, 822 F.3d 47, 54 (2d Cir. 2016) ("[W]here a complaint is dismissed for lack of Article III standing, the dismissal must be without prejudice, rather than with prejudice."). The Court offer s no opinion on whether Plaintiff might be able to pursue his claims in state court, which, unlike this Court, is not a court of limited subject matter jurisdiction. The Clerk of Court is respectfully directed enter judgment, close the cas e, and to mail a copy of this Order to the pro se Plaintiff. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and, therefore, in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Hector Gonzalez on 8/28/2024. (KM)

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