Hayes v. Larry/Landlord

Background

Henry C. Hayes III filed this action without a lawyer. In an October 25, 2024 order, the court dismissed the action and directed Hayes to show why it should not restrict his ability to file future civil actions in this court without paying the filing fee when those actions arose from events alleged in this case and in two earlier related proceedings, docketed as Nos. 1:23-CV-3705 (LTS) and 1:23-CV-9713 (LTS). The court warned that failing to respond or failing to show good cause could result in a filing restriction.

Hayes filed no response to the October 25 order.

Ruling

The court imposed the filing restriction under 28 U.S.C. § 1651. Hayes is barred from filing any future civil action in this court without paying the filing fee if the action arises from the events alleged in the three identified proceedings, unless he first obtains the court’s permission. To seek permission, he must file a motion with the court’s Pro Se Intake Unit and attach both his proposed complaint and a copy of this order. If he files such an action without first filing a motion for permission, the court will dismiss it for failure to comply with the order.

The court also warned that continued submission of frivolous or otherwise nonmeritorious documents or civil actions could lead to additional sanctions, including monetary penalties or another filing restriction. Under 28 U.S.C. § 1915(a)(3), the court certified that an appeal would not be taken in good faith and denied fee-free status for an appeal. Finally, it directed the Clerk of Court to enter a judgment dismissing this action for the reasons stated in the October 25, 2024 order.