Nunez v. Fraser

Background

On October 31, 2023, the court barred Javier Nunez from filing future civil actions in that court without paying filing fees concerning three groups of events: his 2018 eviction from a Manhattan apartment and related Housing Part proceedings; a New York City Human Resources Administration caseworker’s alleged failure to provide services to Nunez’s father; and New York City Police Department members’ alleged failure to investigate claims of fraud and identity theft. The earlier order required Nunez to obtain the court’s permission before filing such an action without paying fees.

Nunez filed this action without a lawyer on January 14, 2025, and asked to proceed without paying the filing fee. The court stated that he named one defendant from the earlier case and asserted the same claims arising from the same events. Nunez did not seek permission to file the new action.

Ruling

The court concluded that the complaint fell within the earlier filing bar and dismissed the action without prejudice for failure to comply with the October 31, 2023 order. “Without prejudice” means the dismissal itself does not bar a later filing, although the opinion required compliance with the earlier order. The court terminated all other pending matters and directed the Clerk of Court to enter judgment.

The court also warned that continued frivolous, duplicative, and non-meritorious litigation could lead to additional sanctions, including monetary penalties. It certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The opinion does not decide the underlying eviction, services, fraud, or identity-theft claims.