Franco v. Hyatt Corporation

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ANTHONY FRANCO, Plaintiff, 24cv1964 (LTS) -against- CIVIL JUDGMENT HYATT CORPORATION D/B/A HYATT TIMES SQUARE; NICOLE HALL, Defendants. For the reasons stated in the October 2, 2024, order, this action is dismissed. Plaintiff’s complaint, filed in forma pauperis under 28 U.S.C. § 1915(a)(1), is dismissed for failure to state a claim on which relief may be granted because it is time-barred. See 28 U.S.C. § 1915(e)(2)(B)(ii); Jones v. Bock, 549 U.S. 199, 215 (2007) (a complaint that “show[s] that relief is barred by the applicable statute of limitations” is “subject to dismissal for failure to state a claim”); Akassy v. Hardy, 887 F.3d 91, 95 (2d Cir. 2018) (same). The Court has declined to exercise supplemental jurisdiction of any state law claims Plaintiff may be asserting. See 28 U.S.C. § 1367(c)(3). The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. Dated: October 3, 2024 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge