Robert Henderson v. Bank of New England

Robert Henderson appeals pro se from the district court’s dismissal, for lack of jurisdiction, of his action against the Federal Deposit Insurance Corporation, as receiver for the Bank of New England, challenging the bank’s denial of his MasterCard application. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

FACTS

On January 6, 1991, the Bank of New England was declared insolvent, and the Federal Deposit Insurance Corporation was appointed as receiver under 12 U.S.C. § 1821 (c)(2). On May 13, 1991, Henderson filed a pro se complaint alleging that the bank violated various federal and state statutes in its handling of his February, 1986 application for a MasterCard. Henderson alleges that the bank improperly withheld and then willfully destroyed derogatory credit information that formed the basis of the bank’s denial of his MasterCard application. Henderson sought $3.5 million in damages and the right to discover the derogatory credit information.

The FDIC moved to dismiss the complaint for lack of subject matter jurisdiction because Henderson had failed to exhaust his administrative remedies. On August 13, 1991, the district court granted the motion and dismissed…