Roberts v. Duane Reade Pharmacy

Background

Jazmine Iman Roberts filed the action without a lawyer. The opinion states that, on November 14, 2024, the Court dismissed the action for lack of subject-matter jurisdiction and as frivolous. The Court had previously warned Roberts that continued filing of cases dismissed as frivolous could result in a restriction on her ability to file future actions without paying filing fees. The November 14 order required Roberts to submit a declaration within 30 days explaining why such a restriction should not be imposed and stated that any filing injunction would apply beginning on that date.

Roberts did not file the required declaration. The Court later received notice that the November 14 order could not be delivered to her address. The opinion states that Roberts did not update her address or otherwise contact the court.

Ruling

The Court issued the bar order under 28 U.S.C. § 1651. It barred Roberts from filing future civil actions in this court without paying filing fees unless she first obtains leave, meaning permission, from the court. The injunction applies to all cases filed on or after November 14, 2024.

To seek permission to file, Roberts must submit a motion to the court’s Pro Se Intake Unit with a copy of the proposed complaint and a copy of the bar order. If she files an action without first seeking permission, the action will be dismissed for violating the order. The Court also warned that continued submission of frivolous documents may lead to additional sanctions, including monetary penalties.

Other Dispositions

The Clerk was directed to close the action, terminate all motions in the case, and enter judgment. The Court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied Roberts permission to appeal without paying filing fees.