Perry v. Robles
- Laura Swain
- 1:23-cv-07696
- U.S. District Court · Southern District of New York
- 2
In Perry v. Robles, Judge Swain dismissed a duplicate civil-rights complaint without prejudice to the pending case and waived this action’s filing fee.
Kahreem Perry, David Robles, and Yvette Agosto; the Clerk of Court and the official holding Perry in custody were also directed to take specified actions concerning the filing fee and prison-account funds.
What happened
In Perry v. Robles, Kahreem Perry, who is incarcerated and representing himself, filed a civil-rights lawsuit against David Robles and Yvette Agosto. He alleged that the defendants abused the judicial process, leading to his arrest.
The court found that Perry had already filed the same complaint against the same defendants in a case still pending under docket number 23-CV-7492. Because this lawsuit repeated the claims in that case, the court dismissed it without prejudice to Perry’s pending case.
Judge Swain directed the Clerk of Court not to charge Perry the $350 filing fee and barred deductions from his prison trust account for this lawsuit. She also denied fee-free status for any appeal, found that an appeal would not be taken in good faith, and directed the Clerk to enter judgment.
The detailed version
- Perry v. Robles · No. 1:23-cv-07696
- Laura Swain
- Sept. 21, 2023
Background
Kahreem Perry, who is incarcerated at the Otis Bantum Correctional Center and is representing himself, brought this action under 42 U.S.C. § 1983, a federal civil-rights statute. He alleged that David Robles and Yvette Agosto abused the judicial process and that he was arrested as a result.
Reason for dismissal
The court stated that Perry had previously submitted the same complaint against the same defendants in an earlier related proceeding, which remained pending under docket number 23-CV-7492. Because the newly filed action raised the same claims, the court concluded that filing and litigating this duplicate lawsuit would serve no useful purpose.
Ruling and other orders
The court dismissed the complaint without prejudice to Perry’s pending case under docket number 23-CV-7492. The court directed the Clerk of Court not to charge Perry the $350 filing fee for this action, and directed that funds not be deducted or encumbered from his prison trust account for this lawsuit.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied fee-free status for an appeal. It also directed the Clerk to enter judgment in the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.