Justin v. Harris-Dupart

Background

Malik M. Justin, representing himself, filed an application to proceed without paying the filing fee. He answered “No” or “N/A” to every question he answered, indicating that he had no assets or income, but he did not answer questions about expenses, debts, and related cases. The court found the application incomplete and lacking enough information to determine whether the answers provided were credible.

Justin’s complaint asserted patent infringement under 25 U.S.C. § 271. The court quoted the claim as: “Infriment of Patent Invention actively novelty making sells mucis.” The complaint did not provide factual allegations supporting the claim, and its request for relief stated only: “results of the issue handle.”

Order to Show Cause

The court ordered Justin to show cause—meaning to explain why the court should not take the proposed action—by May 21, 2025. He must answer every question on his fee application and explain how he meets his basic needs if he truly has no assets or income.

The court also ordered Justin either to file an amended complaint stating the facts supporting his claim or to explain why his current complaint is sufficient. The court said an amended complaint would replace the current complaint entirely and must include all facts and claims Justin wishes to pursue, without referring back to the current complaint. The court specifically identified the need for facts about any patent Justin owns and what Shawntae Harris-Dupart allegedly did to infringe it.

Disposition and Warning

The court did not yet deny Justin’s application or dismiss his complaint. It stated that the magistrate judge will recommend either denying the application or dismissing the complaint if Justin does not provide an adequate response. If Justin does not respond at all, the court may recommend dismissal for failure to prosecute. The judge’s name is not clear in the provided opinion text.