Williams v. Sullivan
- Paul Engelmayer
- 1:23-cv-08303
- U.S. District Court · Southern District of New York
- 2
Williams v. Sullivan was dismissed without prejudice because Judge Engelmayer found Williams violated an earlier filing restriction.
John T. Williams, whose action was dismissed without prejudice and who was denied permission to proceed without paying the filing fee on appeal.
What happened
In Williams v. Sullivan, John T. Williams filed a new case in the Southern District of New York and asked to proceed without paying the filing fee. The court’s order did not address the underlying claims.
An earlier court order barred Williams from filing new cases in that district without paying the filing fee unless he first obtained the court’s permission. Williams had not obtained that permission before filing this case. The opinion also says he was representing himself.
Judge Paul A. Engelmayer dismissed the case without prejudice for violating the earlier order. The court also denied Williams permission to proceed without paying the filing fee on appeal and directed the Clerk of Court to enter judgment.
The detailed version
- Williams v. Sullivan · No. 1:23-cv-08303
- Paul Engelmayer
- Oct. 2, 2023
Background
John T. Williams filed this action against Richard J. Sullivan and other defendants. The opinion says Williams was representing himself and requested permission to proceed without paying the filing fee. The action was originally filed in the United States District Court for the Western District of New York and was transferred to the Southern District of New York on September 18, 2023.
Earlier Filing Restriction
On July 30, 2020, the Southern District of New York had barred Williams from filing any new action in that district without paying the filing fee unless he first obtained the court’s permission. The restriction was issued under 28 U.S.C. § 1651. The opinion states that Williams filed this new action and sought permission to proceed without paying the filing fee without first obtaining the required permission.
Ruling
The court dismissed this action without prejudice because Williams failed to comply with the July 30, 2020 order. The court did not decide the underlying claims. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied Williams permission to proceed without paying the filing fee for an appeal. The Clerk of Court was directed to enter judgment. The order was signed by United States District Judge Paul A. Engelmayer.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.