Lewis v. Newburgh Nissan Car Dealership
- Lorna Schofield
- 1:04-cv-00562
- U.S. District Court · Southern District of New York
- 1
In Lewis v. Nissan North America, Judge Schofield barred Lewis from filing further case documents except those captioned for the Second Circuit.
The order directly affected Regina Lewis, the pro se plaintiff, by restricting her ability to file documents in the case and denying permission to appeal without paying filing fees.
What happened
In Regina Lewis v. Nissan North America, Inc. Corp., the court had directed Lewis, who was representing herself, to explain why it should not restrict her future filings in the case.
The court had extended her deadline to January 8, 2021, and warned that failing to submit the required declaration would result in a filing restriction. The clerk mailed the relevant orders to Lewis, but she did not timely submit a declaration.
Because Lewis did not show a reason against the restriction, Judge Lorna G. Schofield barred her from filing further documents in the case except documents captioned for the United States Court of Appeals for the Second Circuit. The court also denied her permission to appeal without paying filing fees, certifying that any appeal would not be taken in good faith.
The detailed version
- Lewis v. Newburgh Nissan Car Dealership · No. 1:04-cv-00562
- Lorna Schofield
- Jan. 19, 2021
Background
Earlier orders directed pro se Plaintiff Regina Lewis to submit a declaration showing good cause—an adequate reason—why the court should not restrict her ability to file additional documents in the case. The November 6, 2020, order proposed barring further filings except documents captioned for the United States Court of Appeals for the Second Circuit. A December 9, 2020, order extended Lewis's deadline to respond to January 8, 2021, and warned that failing to submit the declaration would result in the filing restriction. The clerk mailed both orders to Lewis.
Court's action
Lewis did not timely file a declaration. The court therefore ordered that, because she had not shown cause against the proposed restriction, she was barred from filing any further documents in the case except documents captioned for the Second Circuit.
Appeal-related ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied Lewis permission to appeal without paying the required filing fees. The clerk was directed to mail a copy of the order to Lewis.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.