Alexander v. NYPD
- Laura Swain
- 1:22-cv-04610
- U.S. District Court · Southern District of New York
- 5
In Alexander v. NYPD, Judge Swain ordered Liam Alexander to prove he filed the action before considering dismissal under a filing bar.
Liam Alexander, who must prove his identity within 30 days or face dismissal under the filing bar; the listed defendants are affected because the case remains unresolved.
What happened
In Alexander v. NYPD, Liam Alexander filed a self-represented lawsuit alleging that he was illegally arrested under a bench warrant issued for “Sean Finnegan.” The court suspected that the action was actually filed by Sean Matthew Finnegan under Alexander’s name.
The court relied on similarities involving the listed address, handwriting, and allegations in another lawsuit. It also noted that Sean Matthew Finnegan had previously been barred from filing new lawsuits without first obtaining permission to proceed without paying filing fees.
Judge Laura Taylor Swain ordered Liam Alexander to submit, within 30 days, a declaration and evidence such as identification showing that Liam Alexander is his legal name. The court did not dismiss the action in this order; it stated that failure to provide the required proof or establish his identity would result in dismissal under the filing bar. The court also denied permission to appeal without paying fees.
The detailed version
- Alexander v. NYPD · No. 1:22-cv-04610
- Laura Swain
- July 18, 2022
Background
Liam Alexander filed this self-represented action against NYPD, DOC, Father Smith, and Unknown Unknown. The complaint alleges that Alexander was illegally arrested under a bench warrant issued for “Sean Finnegan.” The court stated that the action appeared to have been filed by Sean Matthew Finnegan instead.
A prior order had barred Finnegan from filing any new action without first obtaining permission to proceed without paying filing fees. The court suspected that the current action was an attempt to avoid that bar. It cited the use of an address associated with Finnegan, the close resemblance between the plaintiff’s signature and handwriting and Finnegan’s, and identical allegations in another action filed under Alexander’s name and in an earlier related proceeding.
Show-cause order
The court directed the plaintiff to show cause—meaning to explain why the action should not be dismissed under the filing bar. Within 30 days of the order, the plaintiff had to submit a declaration and other evidence, such as a photocopy of identification, showing that the action was actually filed by an individual whose legal name is Liam Alexander.
The order did not dismiss the action. It stated that if the plaintiff failed to submit the required materials, or failed to show that the action was filed by someone legally named Liam Alexander, the court would dismiss the action under the filing bar and would not prevent Liam Alexander from bringing a future civil action. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees.
Disposition
The court directed Liam Alexander to respond to the order to show cause within 30 days. No final dismissal was entered in this order.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.