Jude v. New York State Office of Mental Health

Background

The excerpt concerns a request by the represented defendants in Jude’s case. Jude was proceeding without a lawyer. The opinion does not describe the claims in the complaint or the relief Jude sought.

The defendants asked the court to direct Jude to show cause—meaning to explain—why his status allowing him to proceed without paying the filing fee should not be revoked. They relied on the Prison Litigation Reform Act’s three-strikes rule, which generally limits an incarcerated person’s ability to proceed without paying fees after three earlier federal actions or appeals were dismissed as frivolous, malicious, or for failure to state a claim, unless the person faced imminent danger of serious physical injury.

The defendants identified three earlier cases involving Jude. According to their submission, two had been dismissed based on claim preclusion, and one had been dismissed for failure to state a claim. The defendants also responded to an earlier court order by providing the name and service address of the person identified in Jude’s complaint as “Morrow.”

Ruling

The court denied the defendants’ request without prejudice to refiling at a later date. The court’s ruling was made “at this early stage in the litigation.” It did not revoke Jude’s status allowing him to proceed without paying the filing fee. The clerk was directed to terminate the request at ECF No. 12 and mail a copy of the endorsement to Jude.

Disposition and scope

The disposition addressed the request concerning Jude’s fee-paying status, not the merits of the underlying lawsuit. The excerpt does not state whether the case’s claims were dismissed, whether any defendant had filed an answer, or whether the court made findings about the three-strikes rule.