Allen v. Almanzar
- Laura Swain
- 1:21-cv-03838
- U.S. District Court · Southern District of New York
- 2
In Allen v. Almanzar, Judge Swain barred Allen from filing future civil actions without paying fees unless the court first gives permission.
Kent Allen, who was barred from filing future civil actions without paying filing fees in the Southern District of New York unless he first obtained the court’s permission.
What happened
In Allen v. Almanzar, Kent Allen filed the action without a lawyer. The court had previously dismissed the action as frivolous and noted that Allen had filed twelve lawsuits in the court since April 19, 2021. It ordered him to explain by declaration why he should not be barred from filing future actions without paying filing fees, but he did not file the declaration.
The court therefore barred Allen from filing future civil actions without paying filing fees unless he first obtains permission. To request permission, he must submit his proposed complaint and a copy of the order to the court’s Pro Se Intake Unit. The court warned that further frivolous filings could lead to additional sanctions, including monetary penalties.
Judge Laura Taylor Swain ordered the case closed and terminated the pending motions. She also ruled that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees.
The detailed version
- Allen v. Almanzar · No. 1:21-cv-03838
- Laura Swain
- June 28, 2021
Background
Kent Allen filed this action without a lawyer. On May 17, 2021, the court dismissed the action as frivolous. The court also noted that Allen had filed twelve lawsuits in the Southern District of New York since April 19, 2021. It ordered Allen to show cause—that is, to explain by declaration—why he should not be barred from filing additional civil actions without paying filing fees unless he first obtained the court’s permission.
Allen did not file the required declaration. The court therefore issued a filing bar under 28 U.S.C. § 1651.
Order
The court barred Allen from filing future civil actions without paying filing fees in that court unless he first obtained leave to file. Any motion seeking leave had to include a copy of the proposed complaint and a copy of the order, and had to be filed with the court’s Pro Se Intake Unit. The court stated that an action filed without the required motion for leave would be dismissed for failure to comply with the order.
The court also warned that continued submission of frivolous documents could result in additional sanctions, including monetary penalties. It directed the Clerk of Court to close the action and terminate all motions in the case.
Appeal
Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith and denied Allen permission to appeal without paying filing fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.