Roberts v. Franklin Women's Shelter
- Laura Swain
- 1:25-cv-04013
- U.S. District Court · Southern District of New York
- 1
In Roberts v. Franklin Women’s Shelter, Judge Swain dismissed Roberts’s case without prejudice because she filed without required court permission.
Jazmine I. Roberts's action was dismissed without prejudice. Franklin Women's Shelter and the other named defendants were affected because the action against them was dismissed, without any ruling on the underlying claims.
What happened
In Roberts v. Franklin Women’s Shelter, Jazmine I. Roberts filed a new case without a lawyer and asked to proceed without paying the filing fee. The opinion does not describe the underlying claims.
A January 2, 2025 order barred Roberts from filing any new fee-free case unless she first obtained the court’s permission. Because she had not requested that permission, the court dismissed this action without prejudice, meaning the dismissal did not permanently bar refiling. The court also directed the Clerk to enter judgment and mail the order to Roberts.
Judge Laura Taylor Swain ruled that any appeal would not be taken in good faith and denied Roberts permission to proceed without paying the appeal’s filing fees.
The detailed version
- Roberts v. Franklin Women's Shelter · No. 1:25-cv-04013
- Laura Swain
- May 29, 2025
Background
Jazmine I. Roberts filed this new action against Franklin Women's Shelter and other defendants. The opinion says Roberts was proceeding without a lawyer and requested permission to proceed without paying the filing fee. It does not describe the claims underlying the action.
The court had previously ordered that Roberts could not file any new action without paying the filing fee unless she first obtained leave, or permission, from the court. Roberts did not seek that permission before filing this action.
Ruling
Under 28 U.S.C. § 1651, the court dismissed the action without prejudice because Roberts failed to comply with the January 2, 2025 order. The opinion does not state whether the defendants had responded or address the merits of Roberts's claims.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without paying the filing fee for an appeal. The Clerk of Court was directed to mail the order to Roberts, note service on the docket, and enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.