Swinson v. City of New York

Background

Randy Swinson filed the action without a lawyer and requested permission to proceed without paying the filing fee. The defendants named in the caption were the City of New York, Warden Sheraj, Warden Dunbar, A.D.W. Carter, and Hazel Jennings, Chief of the Department of Correction.

The court previously found that, while Swinson was a prisoner, he had filed three or more cases that were dismissed as frivolous, malicious, or for failure to state a claim. Those dismissals counted as “strikes” under 28 U.S.C. § 1915(g). The court ordered Swinson to explain why it should not bar him from filing additional actions without paying the filing fee while he was a prisoner. Swinson submitted an affirmation, but the court found it insufficient.

Ruling

The court imposed the statutory bar. Swinson is barred from filing future actions without paying the filing fee in that court while he is a prisoner, unless he is under an imminent threat of serious physical injury. The court also warned that frivolous filings could lead to additional sanctions, including monetary penalties.

The court denied Swinson’s request to proceed without paying the filing fee and dismissed the complaint without prejudice under the Prison Litigation Reform Act’s three-strikes rule. The court stated that Swinson may commence a new action by paying the filing fee; any such complaint would then be reviewed under the prisoner-screening statute, 28 U.S.C. § 1915A.

The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying the filing fee. Judge Colleen McMahon signed the order as Chief United States District Judge.