Lewis v. Hudson Valley Justice Center

Background

Regina Lewis filed this pro se action against the Hudson Valley Justice Center, Jason Mays, and the Deputy Director. She purported to invoke federal-question jurisdiction under 28 U.S.C. § 1331. Lewis alleged that “the defendant refused to represent me in a Land lord [sic] tenant matter” and stated that she is Indigenous and disabled. She sought permission to proceed without prepaying the filing fee and separately sought permission to file the action because, in her view, her disability-discrimination claims had not previously been raised and decided on their merits in federal court.

The opinion states that Lewis had previously been barred from filing new actions without prepaying filing fees unless she first obtained court permission, because of her continued filing of frivolous and non-meritorious actions. The opinion also refers to other filing restrictions imposed in prior related proceedings.

Ruling

The court denied Lewis permission to proceed without prepaying the filing fees because it found that this action did not represent a departure from her pattern of frivolous and non-meritorious litigation. The court therefore dismissed the action without prejudice under the order’s stated authority, 28 U.S.C. § 1651. “Without prejudice” means the dismissal did not bar refiling, although the opinion does not state what requirements would apply to any later filing.

Chief Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied Lewis permission to appeal without prepaying the appellate filing fee. The Clerk of Court was directed to enter judgment.