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S.D.N.Y.Procedural orderFiled Apr. 11, 2023

Armstead v. Bragg

Judge
Laura Swain
Docket
1:23-cv-02976
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedurePro Se
In one sentence

Armstead v. Bragg was dismissed without prejudice for violating a prior filing condition, Judge Swain ruled.

Who this affects

Brenda C. Armstead's action against Alvin Bragg, Michael Cohen, Mike Pence, and Stephanie Cliffords was dismissed without prejudice; the opinion also denied permission to appeal without paying fees.

What happened

Brenda C. Armstead filed Armstead v. Bragg without a lawyer, did not pay the required filing fees, and did not ask the court for permission to file. A 2017 court order had required her to obtain permission before filing any new civil action without paying fees.

The court dismissed this action without prejudice because Armstead did not follow that earlier order. The court also directed the clerk to enter judgment.

Chief Judge Laura Taylor Swain ruled that any appeal would not be taken in good faith and denied Armstead permission to appeal without paying fees.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Armstead v. Bragg · No. 1:23-cv-02976
Judge
Laura Swain
Date
Apr. 11, 2023

Background

Brenda C. Armstead filed this action against Alvin Bragg, Michael Cohen, Mike Pence, and Stephanie Cliffords. The opinion states that Armstead was proceeding without a lawyer and had not paid the fees required to bring the action.

In a November 8, 2017 order in a prior related proceeding, the court barred Armstead from filing any new civil action in the Southern District of New York without paying fees unless she first obtained the court's permission to file. Armstead did not seek that permission before filing this action.

Ruling

The court dismissed the action without prejudice because Armstead failed to comply with the 2017 order. The court directed the clerk to enter judgment.

The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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