Armstead v. Chauvin
- Laura Swain
- 1:22-cv-01493
- U.S. District Court · Southern District of New York
- 1
In Armstead v. Chauvin, Judge Swain dismissed the action without prejudice because Armstead neither paid fees nor obtained required filing permission.
Brenda C. Armstead, whose action was dismissed without prejudice; Derek Chauvin and Kim Potter, the named defendants.
What happened
In Armstead v. Chauvin, Brenda C. Armstead filed a new case without paying the filing fees. The opinion identifies her as representing herself.
A 2017 court order barred Armstead from filing another case without paying fees or first obtaining permission from the court. She did neither before filing this case.
The court dismissed the action without prejudice for violating that earlier order. Judge Swain also denied Armstead permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Armstead v. Chauvin · No. 1:22-cv-01493
- Laura Swain
- Mar. 9, 2022
Background
Brenda C. Armstead filed this action against Derek Chauvin and Kim Potter without paying the fees required to bring the case. The opinion states that Armstead was representing herself.
In a November 8, 2017 order in a prior related proceeding, the court barred Armstead from filing any new civil action in the Southern District of New York without paying the fees or first obtaining permission from the court to file without paying them. Armstead did not pay the fees or seek that permission before filing this action.
Ruling
The court dismissed the action without prejudice because Armstead failed to comply with the earlier filing restriction. The opinion does not decide the underlying claims against the defendants.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied Armstead permission to appeal without paying the required fees. The Clerk of Court was directed to mail the order and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.