Phelps v. Superintendent
- Katherine Failla
- 1:20-cv-10352
- U.S. District Court · Southern District of New York
- 2
In Phelps v. Superintendent, Judge Failla warned that continued filings could lead to a litigation ban but did not impose one.
Darryl Phelps and any future filings he makes in this action.
What happened
In Phelps v. Superintendent, the court said the case was closed and that it could not provide Darryl Phelps assistance or relief concerning his current incarceration or the charges underlying it. The court was still receiving letters from him.
The court warned that future filings connected to this case could result in a filing ban. It said that if Phelps continued filing letters, it would consider an order barring further litigation in this case to prevent what it described as vexatious litigation.
Judge Katherine Polk Failla did not impose a filing ban in this order. She directed the Clerk of Court to send Phelps a copy of the order.
The detailed version
- Phelps v. Superintendent · No. 1:20-cv-10352
- Katherine Failla
- June 17, 2024
Background
The court stated that this case was closed and that it could not provide Darryl Phelps with assistance or relief concerning his current incarceration or the charges underlying it. Despite earlier notices on the docket, the court continued to receive letters from Phelps.
Warning About Future Filings
The court warned Phelps that future submissions connected to this action would be met with a filing ban. It explained that, if he continued filing letters on the docket, it would enter an order under the All Writs Act—a federal law allowing courts to issue orders necessary to protect their judgments and prevent abusive litigation—to bar further vexatious litigation. The court cited precedent stating that a filing injunction cannot be imposed without notice and an opportunity for the litigant to be heard.
Disposition
Judge Katherine Polk Failla did not impose a filing ban in this order. Instead, the order warned that one could be entered if Phelps continued filing letters in the action. The Clerk of Court was directed to send Phelps a copy of the order at the address listed in the opinion.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.