Wallace v. United States Constitution
- Laura Swain
- 1:25-cv-09148
- U.S. District Court · Southern District of New York
- 1
In Kenyetta Wallace v. United States Constitution, Judge Swain dismissed the action without prejudice because Wallace lacked permission to file it.
Kenyetta Wallace's action was dismissed without prejudice because she did not obtain the permission required by an earlier court order. The court also denied her fee-free status for an appeal.
What happened
Kenyetta Wallace v. United States Constitution was a new civil action filed by Wallace without a lawyer, with a request to proceed without paying filing fees.
The court had previously barred Wallace from filing new civil actions without first obtaining permission. Wallace did not request that permission before filing this action.
Judge Laura Taylor Swain dismissed the action without prejudice for violating that earlier filing restriction. The court also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Wallace v. United States Constitution · No. 1:25-cv-09148
- Laura Swain
- Nov. 4, 2025
Background
Kenyetta Wallace filed this action without a lawyer and requested permission to proceed without paying the filing fee, known as in forma pauperis status. The opinion states that an earlier order barred Wallace from filing any new civil action in the Southern District of New York without first obtaining leave, or permission, from the court. That earlier order was entered in a prior related proceeding, No. 17-CV-9985 (S.D.N.Y.), on April 2, 2018.
Reason for Dismissal
Wallace did not seek permission before bringing this action. The court therefore dismissed the action for failure to comply with the earlier filing bar.
Ruling
Chief United States District Judge Laura Taylor Swain dismissed the action without prejudice under 28 U.S.C. § 1651. The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The court directed that judgment enter.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.