Alexander v. New York City Department of Probation
- Laura Swain
- 1:23-cv-01246
- U.S. District Court · Southern District of New York
- 1
In Alexander v. New York City Department of Probation, Judge Swain dismissed the action without prejudice because Sean Finnegan allegedly violated a filing restriction.
The dismissal affects Liam Alexander and Liam Alexander PR’s action against the New York City Department of Probation, Bianca Mendez, Wendy Israel, and A. Archidi; the judgment also concerns Sean Finnegan’s ability to file actions without court permission.
What happened
Alexander v. New York City Department of Probation involved an action filed in the names of Liam Alexander and Liam Alexander PR. The judgment says the court concluded that Sean Finnegan had brought the action and requested permission for Alexander to proceed without paying filing fees.
The court said Finnegan was barred from bringing a new action without permission because of an earlier filing restriction. It concluded that he had not complied with that restriction.
The court dismissed the action without prejudice under the earlier restriction. It also certified that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The supplied case information identifies Judge Laura Swain as the judge.
The detailed version
- Alexander v. New York City Department of Probation · No. 1:23-cv-01246
- Laura Swain
- Feb. 24, 2023
Background
The judgment concerns an action brought in the names of Liam Alexander and Liam Alexander PR against the New York City Department of Probation, Bianca Mendez, Wendy Israel, and A. Archidi. The court stated that Sean Finnegan, who was barred from bringing a new action without permission while seeking to proceed without paying filing fees, had brought this action in those names and had sought that status in Alexander’s name.
Court’s Reasoning
Referring to the court’s February 21, 2023, order and the earlier filing restriction, the court concluded that Finnegan had not complied with the restriction. The judgment therefore applied that restriction to this action rather than addressing the underlying claims against the defendants.
Ruling
The court dismissed the action without prejudice. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to appeal without paying filing fees. Judge Laura Swain is identified as the judge in the supplied case information, although the judgment itself is signed by the clerk of court.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.