Swint v. Verizon Wireless

Background

Robert James Swint filed this action without a lawyer. On July 27, 2023, the court dismissed the action as frivolous. Because of Swint’s litigation history, the court directed him to explain by declaration why it should not bar him from filing future civil actions in that court without paying filing fees, unless he first obtained the court’s permission.

Swint then filed a document titled “motion for the objection.” The court concluded that, to the extent the filing presented arguments against the proposed filing restriction, those arguments did not respond to the concerns identified in the earlier order. The opinion quotes Swint’s statements about the Department of Defense and alleged conduct, but the court viewed the submission as unresponsive.

Ruling

The court issued the filing bar under 28 U.S.C. § 1651. Swint may not file any future civil action in the court without paying filing fees unless he first obtains permission. Any request for permission must include a copy of his proposed complaint and a copy of this order, and the request must be filed with the court’s Pro Se Intake Unit. The court stated that it will dismiss any action Swint files without paying filing fees if he does not first seek permission as required by the order.

The court also warned that continued submission of frivolous documents could result in additional sanctions, including monetary penalties. It certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-free status for an appeal. Finally, the court directed the clerk to enter judgment for the action.