Baker v. Obama
- Laura Swain
- 1:22-cv-03125
- U.S. District Court · Southern District of New York
- 2
In Baker v. Obama, Judge Swain barred Baker from further filings in the action, except a notice of appeal, after he failed to respond.
Eric T. Baker, who was barred from filing further submissions in the action except a notice of appeal; the order also affected his ability to appeal without paying filing fees.
What happened
In Baker v. Obama, Eric T. Baker was ordered to explain why the court should not prohibit him from filing further submissions in the action. He was given 30 days to submit that explanation and was warned about the possible filing restriction.
Baker did not submit the required declaration. The court therefore barred him from filing any future submission in the action, except a notice of appeal. It also warned that additional filings could lead to further sanctions, including monetary penalties.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Baker permission to appeal without paying the required filing fees.
The detailed version
- Baker v. Obama · No. 1:22-cv-03125
- Laura Swain
- Jan. 3, 2023
Background
The plaintiff, Eric T. Baker, was representing himself. In an October 11, 2022 order, the court directed Baker to submit a declaration within 30 days explaining why the court should not bar him from filing future submissions in the action. The court stated that the restriction would not apply to a notice of appeal and warned that the restriction would be imposed if Baker did not submit the declaration or failed to show a sufficient reason against it.
Ruling
Baker did not file the required declaration. Relying on 28 U.S.C. § 1651, the court barred him from filing any future submission in the action, except a notice of appeal. The court warned that continued filings, other than a notice of appeal, could result in additional sanctions, including monetary penalties.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied Baker permission to pursue an appeal without paying the required filing fees. Judge Laura Taylor Swain signed the order on January 3, 2023.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.