Pierre v. New York State Department of State
- Colleen McMahon
- 1:19-cv-11319
- U.S. District Court · Southern District of New York
- 2
In Pierre v. New York State Department of State, Judge McMahon barred future fee-free civil filings without permission and denied fee-free appeal status.
Jean-Gespere Pierre is barred from filing future civil actions without paying filing fees in the Southern District of New York unless he first obtains court permission; the order also affects any appeal from this order by denying fee-free appeal status.
What happened
Pierre v. New York State Department of State involved Jean-Gespere Pierre, who filed the action without a lawyer. The court had already dismissed the action as frivolous and noted that nine of Pierre’s cases and appeals had been dismissed on the merits.
The court had ordered Pierre to explain why it should not restrict his future filings without payment of court fees. Pierre submitted an affirmation, but the court found his arguments insufficient.
Judge McMahon barred Pierre from filing future civil actions without paying filing fees unless he first obtains the court’s permission. He must submit his proposed complaint and a copy of the order with any request for permission. The court also denied fee-free status for an appeal and closed the action.
The detailed version
- Pierre v. New York State Department of State · No. 1:19-cv-11319
- Colleen McMahon
- Feb. 24, 2020
Background
Jean-Gespere Pierre filed this action without a lawyer. On January 14, 2020, the court dismissed the action as frivolous. The court also noted that Pierre had filed nine cases and appeals that had been dismissed on the merits. It ordered Pierre to explain within 30 days why he should not be barred from filing future civil actions without paying filing fees unless he first obtained the court’s permission.
Pierre filed an affirmation on January 23, 2020. The opinion states that his arguments against the filing restriction were insufficient.
Ruling
Judge Colleen McMahon entered an order under 28 U.S.C. § 1651 barring Pierre from filing future civil actions without paying filing fees in the Southern District of New York unless he first obtains leave, meaning permission, from the court. Any request for permission must be filed with the Pro Se Intake Unit and must include a copy of the proposed complaint and a copy of this order.
The court stated that it would dismiss any action Pierre files without first submitting a request for permission. It also warned that continued submission of frivolous documents could lead to additional sanctions, including monetary penalties. The Clerk of Court was directed to mail the order to Pierre, note service on the docket, and close the action.
The court certified that any appeal would not be taken in good faith and denied Pierre permission to proceed without paying filing fees for an appeal. The opinion does not state that an appeal had been filed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.