Gulas v. Khan
- Laura Swain
- 1:24-cv-04641
- U.S. District Court · Southern District of New York
- 2
In Gulas v. Khan, Chief Judge Swain barred future civil actions without filing fees unless Gulas first obtains permission and directed judgment dismissing the action.
Cecilia K. Gulas is barred from filing future civil actions without paying filing fees in the U.S. District Court for the Southern District of New York unless she first obtains court permission and submits the required documents.
What happened
Gulas v. Khan involved Cecilia K. Gulas, who filed the action without a lawyer. The court had dismissed the action on November 13, 2024, and noted that Gulas had filed multiple cases dismissed as frivolous or otherwise lacking merit. The court had also twice warned her that further such filings could lead to a filing restriction.
The court then ordered Gulas to explain within 30 days why she should not be barred from filing future civil actions without paying filing fees unless she first obtained permission. Gulas did not file the required declaration. The order also says that any future action filed without the required permission would be dismissed, and that she could not appeal this order without paying the appeal filing fee.
Chief Judge Laura Taylor Swain issued the bar order under federal law, barring Gulas from filing future civil actions without paying filing fees in this court unless she first obtains permission. Judge Swain also directed the Clerk to enter judgment dismissing this action for the reasons stated in the earlier dismissal order.
The detailed version
- Gulas v. Khan · No. 1:24-cv-04641
- Laura Swain
- Jan. 8, 2025
Background
Cecilia K. Gulas filed this action without a lawyer. On November 13, 2024, the Court dismissed the action and noted that Gulas had filed multiple cases that were dismissed as frivolous or otherwise nonmeritorious. The Court also noted that Gulas had twice been warned that additional nonmeritorious filings could result in a filing restriction.
The Court ordered Gulas to submit a declaration within 30 days explaining why she should not be barred from filing future civil actions in this court without paying filing fees unless she first obtained permission. Gulas did not submit the required declaration.
Ruling
The Court issued the bar order under 28 U.S.C. § 1651. It bars Gulas from filing future civil actions without paying filing fees in this court unless she first obtains leave from the court. Any request for leave must be filed with the court's Pro Se Intake Unit and must include a copy of the proposed complaint and a copy of the bar order. If Gulas files an action without first filing a request for leave, the action will be dismissed for violating the order.
The Court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. The Court also directed the Clerk to enter judgment dismissing this action for the reasons stated in the November 13, 2024 order of dismissal. This opinion does not repeat those reasons.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.