Campbell v. Conserve Accounts Receivable Management, No. 1:2016cv02072 - Document 9 (E.D.N.Y. 2016)
Court Description: MEMORANDUM DECISION AND ORDER: Plaintiff's amended complaint is dismissed with prejudice. Ordered by Judge Ann M. Donnelly on 8/24/2016. (Greene, Donna)
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Campbell v. Conserve Accounts Receivable Management Doc. 9 FILED IN CLERK'S OFFICE US DISTRICT COURT E.D.N.Y. UNITED STATES DISTRICT COURT ^ AUG 2 ^ 2016 tJt EASTERN DISTRICT OF NEW YORK X BROOKLYN OFFICE LEASER CAMPBELL, NOT FOR PUBLICATION Plaintiff, MEMORANDUM DECISION AND against ORDER CONSERVE ACCOUNTS RECEIVABLE 16-CV-02072(AMD)(MDG) MANAGEMENT Defendant X ANN DONNELLY,District Judge. The pro se plaintiff, Leaser Campbell, filed a complaint on May 2,2016 alleging that Conserve Accounts Receivable Management violated the Fair Credit Reporting Act("FCRA") by pulling her consumer credit reports without her permission. The plaintiff was granted in formapauperis status on May 6, 2016. On June 8, 2016, the Court sua sponte dismissed the plaintiffs complaint pursuant to 28 U.S.C. ยง 1915(e)(2), finding that the plaintiff had not adequately pled either of the elements of a claim under section 1681(b) ofthe FCRA. (ECF 6.) Specifically, the Court found that the plaintiff had not adequately alleged that the defendant had pulled her credit report for an impermissible purpose, or that the defendant did so with the requisite state of mind, and dismissed the complaint without prejudice. The Court gave the plaintiff 30 days to amend her complaint to address these deficiencies, noting that "[i]f the plaintiff chooses to re-plead, conclusory allegations that the defendant pulled her credit report for an impermissible purpose, and that its conduct was willful or negligent, will not suffice; rather. Dockets.Justia.com s/Ann M. Donnelly
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