Ezekwo v. OPMC
- Laura Swain
- 1:23-cv-10390
- U.S. District Court · Southern District of New York
- 3
In Ezekwo v. OPMC, Judge Swain dismissed the complaint as frivolous, denied amendment, and denied fee-free appeal status.
Dr. Ifeoma Ezekwo’s complaint was dismissed, and she was denied permission to amend it and denied fee-free status for an appeal. The case involved the New York State Department of Health, its Office of Professional Misconduct, and unidentified defendants.
What happened
In Ezekwo v. OPMC, Dr. Ifeoma Ezekwo sued the New York State Department of Health, its Office of Professional Misconduct, and unidentified defendants. She paid the filing fee and represented herself without a lawyer.
The court said she had previously brought substantially similar cases against the same agencies. Relying on its earlier decisions, the court found this action frivolous because there was no legal theory supporting the claims and the agencies were protected from suit.
Judge Laura Taylor Swain dismissed the complaint as frivolous, denied permission to amend because amendment would be futile, and denied fee-free status for any appeal. The Clerk was directed to enter judgment.
The detailed version
- Ezekwo v. OPMC · No. 1:23-cv-10390
- Laura Swain
- Feb. 26, 2024
Background
Dr. Ifeoma Ezekwo sued the New York State Department of Health, the Department’s Office of Professional Misconduct, and John or Jane Does 1–10. She paid the filing fee and represented herself without a lawyer. The court stated that she had previously brought substantially similar complaints against the same agencies in two related proceedings.
Court’s reasoning
The court relied on its earlier ruling that the claims against the agencies were frivolous. It explained that a complaint is frivolous when it lacks an arguable basis in law or fact, including when the defendants are protected from suit. The earlier ruling had concluded that the Eleventh Amendment barred Ezekwo’s claims against the agencies and that trying to bring the claims again was frivolous. The court dismissed this complaint for the same reasons.
Amendment and appeal
The court denied leave to amend, meaning it did not allow Ezekwo to file an amended complaint in this action. It found that the defects could not be cured by amendment. The court 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.
Disposition
The court dismissed the complaint as frivolous and denied leave to amend. It separately denied fee-free status for an appeal.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.