Roberts v. Duane Reade Pharmacy
- Laura Swain
- 1:24-cv-04034
- U.S. District Court · Southern District of New York
- 1
Roberts v. Duane Reade Pharmacy: Judge Swain dismissed the case, restricted Roberts’s future no-fee filings, and denied no-fee status for an appeal.
Jazmine Iman Roberts, whose action was dismissed and whose future civil actions without paying filing fees in the Southern District of New York are restricted unless she first obtains court permission.
What happened
In Roberts v. Duane Reade Pharmacy, the court dismissed Jazmine Iman Roberts’s action for the reasons given in a January 2, 2025, order. The judgment itself does not explain those reasons.
The court barred Roberts from filing future civil actions without paying filing fees in this court unless she first receives permission to file. The restriction applies to cases filed on or after November 14, 2024. The court also warned that further frivolous filings could lead to additional sanctions, including monetary penalties.
Judge Laura Taylor Swain entered the judgment on January 3, 2025. She also ruled that an appeal would not be taken in good faith and denied Roberts permission to appeal without paying the filing fee.
The detailed version
- Roberts v. Duane Reade Pharmacy · No. 1:24-cv-04034
- Laura Swain
- Jan. 3, 2025
Disposition
The court entered a civil judgment dismissing this action. It stated that the dismissal was for the reasons given in its January 2, 2025, order. That earlier order is not included in the provided text, so the basis for the dismissal cannot be determined from this judgment alone. The judgment does not state that the dismissal was with or without prejudice.
Restriction on Future Filings
The court barred Plaintiff from filing future civil actions in this court without paying filing fees, unless she first obtained leave, meaning permission, from the court. The injunction applies to all cases filed on or after November 14, 2024. To seek permission, Plaintiff must submit a motion to the court’s Pro Se Intake Unit with both a proposed complaint and a copy of the judgment. If Plaintiff files an action without first submitting that motion, the action will be dismissed for violating the order.
Warnings and Appeal
The court warned that continued submission of frivolous documents could result in additional sanctions, including monetary penalties. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied Plaintiff permission to appeal without paying the filing fee. The judgment was signed by Chief United States District Judge Laura Taylor Swain.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.