Sims v. Optimum TV

Background

Nathaniel Sims filed this action without a lawyer against Optimum TV, Michelle Baez, and Con Edison. On May 31, 2022, the court dismissed the action for lack of subject-matter jurisdiction, meaning the court concluded it lacked authority to decide the case. The opinion also states that Sims had filed at least ten other cases that were dismissed as frivolous, for lack of subject-matter jurisdiction, for failure to state a claim on which relief could be granted, or because he had been barred from seeking a certain type of relief in that court without permission.

Show-Cause Order

The court ordered Sims to submit a declaration within 30 days explaining why he should not be barred from filing future civil actions without paying filing fees in that court unless he first received permission. Sims did not file the required declaration.

Ruling

Judge Laura Taylor Swain issued the bar order under 28 U.S.C. § 1651. Sims is barred from filing future civil actions without paying filing fees in the Southern District of New York unless he first obtains the court's permission. Any request for permission must include a copy of the proposed complaint and a copy of the bar order, and it must be filed with the court's Pro Se Intake Unit. If Sims files an action without first requesting permission, the action will be dismissed for violating the order.

The court directed the clerk to enter judgment. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied Sims fee-free status for purposes of an appeal.