Lewis v. United States

Background

Regina Lewis commenced the action by filing a document titled “Writ of Error Coram Nobis.” She alleged that the United States Marshal Service arrested her on July 26, 2019, that the arrest was not privileged, and that her subsequent conviction violated the federal-state balance. She did not pay the $350 filing fee and $50 administrative fee, and she did not submit a completed and signed request to proceed without prepaying fees. The court assumed for purposes of the order that she sought that status.

Court’s analysis

The court explained that it must dismiss a case filed without prepaying fees if it is frivolous or malicious, fails to state a claim, seeks money from an immune defendant, or falls outside the court’s subject-matter jurisdiction. It also noted that filings by people without lawyers are read generously, but still must provide a short and plain statement showing an entitlement to relief.

The court then applied rules governing a person’s capacity to sue. Under New York law, a minor or incompetent person generally cannot bring a lawsuit independently. The court cited Second Circuit precedent stating that a district court may not decide the merits of such a person’s claims unless the person is represented by a guardian ad litem—a representative appointed for the lawsuit—who is, or is represented by, a lawyer. A court may dismiss without appointing a guardian or lawyer when it is clear that no substantial claim can be asserted on the person’s behalf.

The court relied on a competency determination made in a prior related proceeding, No. 1:11-CV-3194, which found that Lewis was not legally competent to proceed without appointment of a guardian ad litem. Because the court determined that no substantial claim could be asserted on Lewis’s behalf, it declined to appoint a guardian or lawyer in this case.

Disposition

Judge Colleen McMahon dismissed Lewis’s complaint without prejudice because she could proceed in the court only through a guardian ad litem. The court directed the Clerk to mail her the order and note service on the docket. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied the ability to appeal without prepaying fees.