Finnegan v. District of Columbia Superior Court

Background

The court had previously ordered Sean Matthew Finnegan to show cause—meaning to explain—why it should not bar him under 28 U.S.C. § 1651 from filing any new action without first obtaining the court's permission to proceed without paying filing fees. That order followed an earlier dismissal for failure to state a claim and frivolousness. Finnegan had not responded to the show-cause order. Instead, he filed six new cases, identified by docket numbers 22-CV-125, 22-CV-150, 22-CV-210, 22-CV-304, 22-CV-508, and 22-CV-629.

The court's footnote also stated that it had previously warned Finnegan that a filing restriction would be imposed, listed seven earlier cases, and noted that public records showed he had filed dozens of actions in courts across the country. The court stated that Finnegan had filed 17 cases in the Southern District of New York.

Ruling

Until the court decides the pending show-cause matter, any new lawsuit Finnegan files will be held in abeyance—that is, put on hold—until his time to comply with the show-cause order expires. If he fails to comply, the filing injunction will take effect as of January 28, 2022, using the legal term “nunc pro tunc.” The order does not state that the injunction had already taken effect.

Chief Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. She therefore denied permission to proceed without paying filing fees for purposes of an appeal. The clerk was directed to mail Finnegan a copy of the order and note service on the docket.