Nunez v. Fraser

Background

Javier Nunez filed this pro se action against Nicole Fraser, Olivia Giegerich, Mark Simon, and Police Officer Pacheco. He sought to proceed in forma pauperis, meaning without paying the filing fee.

In a prior related proceeding, the court had barred Nunez from filing future civil actions in that court without first obtaining permission if the actions arose from his alleged eviction and related events. The order discussed events including Nunez’s alleged eviction, being locked out of an apartment, housing-court proceedings, services allegedly not provided to his father, and police responses to accusations of fraud and identity theft. The opinion states that the present defendants were also named in that earlier proceeding.

Court’s Analysis

The court found that Nunez’s new complaint was substantially similar, and virtually identical, to his prior complaints. It involved the same defendants and claims arising from the same alleged events. The court found that Nunez provided no facts showing that he should be allowed to file another lawsuit against these individuals and concluded that the action was part of a pattern of frivolous, duplicative, and non-meritorious litigation.

Ruling

Chief Judge Laura Taylor Swain denied Nunez’s request for permission to file the new action without paying filing fees. The court dismissed the action without prejudice. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The Clerk of Court was directed to enter judgment.