Johnson v. Wells Fargo Bank, N.A

Opinion

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT □□□ AY FILED SOUTHERN DISTRICT OF NEW YORK x DATE FILED: 8/9/2024. TODD L. JOHNSON, aéso known as Lyfelin, : Plaintiff, : 1:23-cv-10883-GHW-JLC -v- : ORDER WELLS FARGO BANK, N.A., Defendant. :

one KX GREGORY H. WOODS, United States District Judge: On July 16, 2024, the Court issued an order adopting Magistrate Judge James L. Cott’s report and recommendation and granting Defendant’s motion to dismiss Plaintiff's complaint. Dkt. No. 23. In the July 16, 2024 order, the Court dismissed Plaintiffs Fourteenth Amendment and Electronic Fund Transfer Act claims with prejudice, dismissed Plaintiff's New York Banking Law § 9-G claim (“Section 9-G Claim’’) without prejudice, and granted Plaintiff leave to amend to replead his Section 9-G Claim by August 2, 2024. Id. at 3. As of the date of this order, Plaintiff has not filed an amended complaint. Accordingly, Plaintiff’s claims are dismissed with prejudice. 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 IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444—45 (1962). The Clerk of Court is directed to enter judgment for Defendants, close this case, and mail a copy of this order to Plaintiff. SO ORDERED. Dated: August 9, 2024 New York, New York GREG WOODS United States District Judge