Jones-Bey v. Powell

Background

Sister E. Jones-Bey, proceeding without a lawyer, brought state-law claims against Vicknel Powell under the court’s diversity jurisdiction. The opinion states that both parties reside in the Bronx and that Jones-Bey contended Powell is a citizen of Jamaica. Jones-Bey alleged that, since 2020, Powell had tampered with her mail; subjected her, her children, and her guests to harassment and “unjust and inhumane treatment”; sprayed her son with a chemical agent; and illegally locked her out of her apartment. She alleged $30,000 in cash losses and an “irreplaceable” amount of lost revenue, and sought $500,000 in damages.

Jones-Bey had permission to proceed without prepaying court fees. The opinion notes that an earlier Housing Court matter asserted wrongful-eviction and harassment claims, but says the status of that matter was unclear. The complaint also included a petition filed by an attorney on Jones-Bey’s behalf in that proceeding.

Motion for preliminary relief

Jones-Bey moved for an order of protection and to stay, or pause, “all lower court proceedings” involving Powell. The court construed the motion as seeking a preliminary injunction. To obtain that extraordinary remedy, Jones-Bey had to show likely irreparable harm and either a likelihood of success on the merits or sufficiently serious questions for litigation combined with a balance of hardships strongly favoring her.

The court concluded that Jones-Bey had not shown a likelihood of success or sufficiently serious questions on the merits with the required balance of hardships. It stated that the case was in its early stages and that the allegations did not suggest that she was entitled to preliminary injunctive relief. The court therefore denied the motion without prejudice. The conclusion specifically states that the motion to stay lower-court proceedings and for an order of protection was denied without prejudice, and directed the Clerk to terminate the motion.

Service and other directions

Because Jones-Bey was allowed to proceed without prepaying fees, the court directed the Clerk to issue a summons for Powell, complete the U.S. Marshals Service process forms, and provide the Marshals Service with the documents needed to serve Powell. The court extended the service period to 90 days after the summons is issued. It stated that Jones-Bey should request an extension if service is not completed within that period and must notify the court in writing of any address change.

The court also directed that Jones-Bey receive information about the New York Legal Assistance Group Clinic for Pro Se Litigants. Finally, the court certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Gregory H. Woods did not decide the merits of Jones-Bey’s underlying state-law claims in this order.