Evans v. Macheskee

Background

James Earl Evans Sr., who the opinion says is incarcerated at Elmira Correctional Facility and is proceeding without a lawyer, brought this federal action against Lyndsay Santa and others. He alleged that his federal constitutional rights were violated between January 5, 2022, and November 5, 2022, through alleged actions by employees of the Orange County Department of Social Services concerning the current and possible future custody of his children, including statements allegedly made in state court.

The court also received another complaint from Evans on January 23, 2023. That complaint involved similar allegations arising from events allegedly occurring on or about February 12, 2022, and began an earlier related action identified by docket number 1:23-CV-0626 (LTS).

Order to Show Cause

The court determined that the present action appeared potentially duplicative of the earlier related action. Because Evans was proceeding without a lawyer, the court gave him an opportunity to explain the situation before dismissing the case.

The court ordered Evans to file a declaration within 30 days explaining why the present action should not be dismissed without prejudice as duplicative. “Without prejudice” means the stated dismissal would not bar refiling the action. The court did not dismiss the case in this order. It stated that it would dismiss the case without prejudice if Evans failed to file the declaration on time or failed to show why dismissal should not occur.

Appeal-Filing-Fee Ruling

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying the filing fee.

Disposition

The court ordered Evans to show cause by declaration within 30 days why the action should not be dismissed without prejudice as duplicative. The order did not itself dismiss the action. Judge Laura Taylor Swain signed the order.