Jonathan Payton v. Wells Fargo Bank

Summary

The United States District Court for the Southern District of New York dismissed Jonathan Payton’s in forma pauperis complaint against Wells Fargo Bank for lack of subject matter jurisdiction. The court found that the statutes cited by Payton did not provide a private right of action, that he did not allege facts supporting a federal antidiscrimination claim or diversity jurisdiction, and granted 30 days’ leave to amend.

Holdings

1. The complaint did not establish federal-question jurisdiction because the statutes cited by Plaintiff did not provide a private right of action on the alleged facts, and the complaint did not allege facts showing discrimination under a viable federal antidiscrimination statute or any other federal cause of action.
2. The complaint did not establish diversity-of-citizenship jurisdiction because Plaintiff failed to allege the citizenship of the parties and failed to provide facts supporting a reasonable probability that the amount in controversy exceeded $75,000.
3. Plaintiff was granted 30 days to file an amended complaint curing the jurisdictional and pleading deficiencies.

Questions Presented

1. Whether the complaint established federal-question jurisdiction by asserting claims under the cited consumer-protection and antidiscrimination statutes.
2. Whether the complaint established diversity jurisdiction under 28 U.S.C. § 1332.
3. Whether Plaintiff should be granted leave to amend his pro se complaint after dismissal for lack of subject matter jurisdiction.

Disposition

dismissed