Thomas v. King
- Laura Swain
- 1:22-cv-07020
- U.S. District Court · Southern District of New York
- 1
In Thomas v. King, Judge Swain dismissed Jimmy Thomas’s case without prejudice because he filed without the required court permission.
Jimmy Thomas’s case was dismissed without prejudice, and his request to proceed without paying filing fees for an appeal was denied. The defendants were not required to litigate the underlying claims in this action.
What happened
In Thomas v. King, Jimmy Thomas filed a civil case without a lawyer and asked to proceed without paying filing fees. A 2003 court order required him to obtain permission before filing any new civil action in that court, but he had not requested permission.
The court dismissed the case without prejudice because Thomas did not comply with the 2003 order. It also denied his request to proceed without paying fees for an appeal, certifying that an appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
Chief Judge Laura Taylor Swain issued the order on August 22, 2022.
The detailed version
- Thomas v. King · No. 1:22-cv-07020
- Laura Swain
- Aug. 22, 2022
Background
Jimmy Thomas filed this civil action without a lawyer and sought permission to proceed without paying filing fees. The opinion states that, in a prior related proceeding on August 11, 2003, the Court barred Thomas from filing any new civil action in that court unless he first obtained the Court’s permission. Thomas had not sought that permission before filing this action.
Ruling
The Court dismissed the action without prejudice for failure to comply with the August 11, 2003 order. A dismissal without prejudice does not itself bar a later filing, but the opinion does not explain what effect the earlier filing restriction would have on any future case.
The Court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied Thomas permission to proceed without paying filing fees for an appeal. The Clerk of Court was directed to issue judgment.
Effect
The order ended this action, but it did not decide the underlying claims against Dr. King or the other defendants. Chief United States District Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.