Hayes v. Larry/Landlord
- Laura Swain
- 1:24-cv-04102
- U.S. District Court · Southern District of New York
- 2
In Hayes v. Larry/Landlord, Judge Swain dismissed the action, restricted future filings without permission, and denied fee-waiver status for an appeal.
Henry C. Hayes III, whose action was dismissed and whose future fee-waiver civil filings about the specified events require prior court permission.
What happened
In Hayes v. Larry/Landlord, the court entered judgment dismissing Henry C. Hayes III’s action for the reasons given in an October 25, 2024 order.
The court also barred Hayes from filing future civil actions without paying filing fees arising from the events described in this action and two earlier related actions unless he first obtains permission. Any request must include the proposed complaint and this judgment. The court denied fee-waiver status for an appeal, stating that an appeal would not be taken in good faith.
Judge Laura Swain’s court warned that further frivolous or otherwise nonmeritorious filings could lead to additional sanctions, including monetary penalties or a broader filing restriction.
The detailed version
- Hayes v. Larry/Landlord · No. 1:24-cv-04102
- Laura Swain
- Jan. 14, 2025
Disposition
The court entered judgment dismissing the action for the reasons stated in its October 25, 2024 order. The judgment does not repeat those reasons.
Filing Restriction
The court barred Henry C. Hayes III from filing any future civil action in the Southern District of New York without paying filing fees when the action arises from the events alleged in Hayes I, Hayes II, or this action, unless he first obtains permission from the court. To seek permission, Hayes must file a motion with the court’s Pro Se Intake Unit and attach both a proposed complaint and a copy of this judgment. The judgment states that any action filed without the required permission motion will be dismissed for failure to comply with the order.
The court also warned that continued submission of frivolous or otherwise nonmeritorious documents or civil actions could result in additional sanctions, including monetary penalties or a filing injunction barring future civil actions filed without paying fees unless the court grants permission.
Appeal
Under 28 U.S.C. § 1915(a)(3), the court certified that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal.
Effect
The action was dismissed, and the filing restriction applies to future fee-waiver civil actions arising from the specified events. The opinion provided does not explain the October 25, 2024 order’s underlying reasons.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.