Jasmine Coleman v. Capital One
CourtCourt of Appeals for the Third Circuit
Date FiledNovember 2, 2026
Docket25-3206
StatusUnpublished
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Full Opinion
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 25-3206
__________
JASMINE COLEMAN,
Appellant
v.
CAPITAL ONE
____________________________________
On Appeal from the United States District Court
for the District of New Jersey
(D.C. Civil Action No. 1:25-cv-00040)
District Judge: Honorable Christine P. O’Hearn
____________________________________
Submitted Pursuant to Third Circuit LAR 34.1(a)
October 27, 2026
Before: SHWARTZ, PHIPPS, and CHUNG, Circuit Judges
(Opinion filed November 2, 2026)
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OPINION*
___________
PER CURIAM
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
Pro se Appellant Jasmine Coleman appeals the District Court’s dismissal of her
amended complaint and the denial of her motion for leave to file a second amended
complaint. We will affirm the District Court’s judgment.
I.
Coleman commenced her civil action against Capital One in the Superior Court of New
Jersey, seeking damages arising from a credit line payment dispute. Capital One removed the
action to the United States District Court for the District of New Jersey and moved to dismiss the
complaint for failure to state a claim. Before the District Court ruled on Capital One’s motion,
Coleman sought leave to amend her complaint, which the District Court granted.
Coleman filed her amended complaint. Capital One moved to dismiss it for failure to
state a claim. The District Court granted the motion, dismissing the amended complaint without
prejudice, granting Coleman leave to file a motion to amend, and warning Coleman that this
would be her final opportunity to cure her claims’ deficiencies. Coleman then filed a motion to
amend or correct her amended complaint, which the District Court denied. The District Court
converted its prior dismissal to a dismissal with prejudice, and Coleman timely appealed.1
II.
We have jurisdiction under 28 U.S.C. § 1291. We exercise plenary review over a
decision to grant a motion to dismiss for failure to state a claim, see Curry v. Yachera,
835 F.3d 373, 377 (3d Cir. 2016), and we review the denial of a motion for leave to
1
Coleman’s November 7, 2025 notice of appeal was timely as to the District Court’s
October 7, 2025 order. The District Court’s order did not comply with the separate
document rule, and thus the order was not deemed entered for purposes of the 30-day
appeal deadline until 150 days after its entry on the docket. See LeBoon v. Lancaster
Jewish Cmty. Ctr. Ass’n, 503 F.3d 217, 223–24 (3d Cir. 2007).
2
amend for abuse of discretion, see Burtch v. Milberg Factors, Inc., 662 F.3d 212, 220 (3d
Cir. 2011). But our review is limited to the arguments that Coleman has preserved in her
opening brief. See M.S. ex rel. Hall v. Susquehanna Twp. Sch. Dist., 969 F.3d 120, 124
n.2 (3d Cir. 2020) (explaining that parties forfeit any argument that they do not raise in
their opening brief); Mala v. Crown Bay Marina, Inc., 704 F.3d 239, 245 (3d Cir. 2013)
(noting that pro se litigants “must abide by the same rules that apply to all other
litigants”).
Coleman argues that the District Court abused its discretion by denying her motion
to amend without explanation, and that the District Court erred by dismissing her
amended complaint with prejudice without providing her notice and an opportunity to
cure any deficiencies. Coleman’s arguments are belied by the record. When the District
Court granted Capital One’s motion to dismiss, it explained why each of Coleman’s
claims in her amended complaint failed to meet Federal Rule of Civil Procedure
12(b)(6)’s plausibility standard. Coleman does not dispute any of these identified
deficiencies now. See In re Wettach, 811 F.3d 99, 115 (3d Cir. 2016) (noting that
arguments not developed by an appellant are forfeited). And when the District Court gave
Coleman time to file a motion to amend, it cautioned that it would be “her final
opportunity to cure the deficiencies identified.” Dist. Ct. Dkt. No. 49 at 10 n.14.
Furthermore, when the District Court denied Coleman’s motion to amend, it
concluded that Coleman failed to correct the previously identified deficiencies in her
amended complaint, and it explained why her proposed new claims could not survive
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dismissal.2 See Shane v. Fauver, 213 F.3d 113, 115 (3d Cir. 2000) (providing that leave
to amend is futile if “the complaint, as amended, would fail to state a claim upon which
relief could be granted”). Dist. Ct. Dkt. No. 54. We are satisfied that the District Court
adequately explained its reasons for denying amendment. See Grayson v. Mayview State
Hosp., 293 F.3d 103, 108 (3d Cir. 2002). Accordingly, we will affirm the District Court’s
judgment.
2
Coleman does not specifically challenge the District Court’s assessment of any of her
claims for relief in her proposed second amended complaint. See Wettach, 811 F.3d at
115.
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