Holly Jarvis v. William D’Angelo and Marpat, LLC

Summary

The United States District Court for the Northern District of New York adopted a magistrate judge’s recommendation to dismiss Holly Jarvis’s original complaint without prejudice for lack of subject-matter jurisdiction. The court rejected Plaintiff’s objection that the complaint plausibly alleged violations of the Fair Housing Act. Plaintiff was given 30 days to confirm reliance on her existing amended complaint or file a revised amended complaint.

Holdings

1. The district court accepted and adopted the magistrate judge's Report-Recommendation in its entirety because it found no error in the specifically objected-to portions and no clear error in the remaining portions.
2. Even when construed with the utmost special leniency, the factual allegations of Plaintiff's original Complaint did not plausibly suggest a claim under the Fair Housing Act.
3. Plaintiff was given thirty days either to confirm that she intended to proceed on the Amended Complaint already filed or to file a revised Amended Complaint; if she did either, the Amended Complaint would be referred to the magistrate judge for further review.

Questions Presented

1. Whether the magistrate judge's Report-Recommendation recommending dismissal without prejudice for lack of subject-matter jurisdiction should be adopted.
2. Whether Plaintiff's original Complaint plausibly alleged a claim under the Fair Housing Act.
3. What opportunity Plaintiff should receive to proceed with or revise her Amended Complaint before further pleading-sufficiency review.

Disposition

dismissed