CUNNINGHAM v. SILVERSTEIN PROPERTIES-INC.

Background

Benjamin Cunningham filed this action without a lawyer. He originally filed it in the United States District Court for the District of New Jersey, which transferred it to the Southern District of New York. Cunningham alleged that, on November 12, 2020, a security guard assaulted him when he attempted to serve a complaint on Silverstein Properties, Inc. at the World Trade Center. He also alleged that Port Authority police officers refused to arrest the security guard and served him with a trespass notice.

Cunningham asked to proceed without paying the filing fee. The opinion states that he did not request permission to bring the action.

Prior Filing Injunction

The court explained that, on August 2, 2016, District Judge Deborah A. Batts issued an order barring Cunningham from filing additional papers or lawsuits without the court’s permission because of his unauthorized, repetitive, and frivolous litigation. The opinion also describes additional filing restrictions imposed on Cunningham, including a 2018 filing restriction by the Second Circuit and another 2018 injunction concerning repeated litigation arising from a 2005 incident.

Ruling

The court dismissed the action without prejudice because Cunningham failed to comply with the August 2, 2016 order. The court did not decide the merits of his allegations concerning the security guard or the Port Authority police officers. It stated that all other pending matters in the case were terminated.

The court warned that continued frivolous, duplicative, and non-meritorious litigation could result in additional sanctions, including monetary penalties. Under 28 U.S.C. § 1915(a)(3), the court certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The court directed the clerk to enter judgment.