Washington v. Professional Claims Bureau

Background

Charmeen Denise Washington filed this action without a lawyer. On January 16, 2024, the court dismissed the action for lack of subject matter jurisdiction, meaning the court determined that it did not have legal authority to decide the case. The court also noted that Washington had filed 11 other cases in which the court likewise lacked subject matter jurisdiction.

The court ordered Washington to file a declaration within 30 days explaining why she should not be barred from filing future civil actions in this court without paying filing fees, a status commonly called filing in forma pauperis, or IFP. Washington did not file the required declaration.

Ruling

The court issued the bar order under 28 U.S.C. § 1651. Washington is barred from filing future civil actions IFP in this court unless she first obtains the court’s permission. Any motion seeking permission must include a copy of the proposed complaint and a copy of the bar order, and must be filed with the court’s Pro Se Intake Unit. If Washington files an action without first seeking permission, the action will be dismissed for failure to comply with the order.

The court further warned that continued filing of complaints over which the court lacks subject matter jurisdiction could result in additional sanctions, including monetary penalties. The Clerk was directed to close the action and terminate any motions. The court certified that an appeal from the order would not be taken in good faith and denied IFP status for an appeal. The court also directed the Clerk to enter judgment.

Classification

This is a procedural order. The order imposed a filing restriction and addressed appeal-related filing-fee status after the action had been dismissed for lack of jurisdiction; it did not decide the underlying legal merits of Washington’s claims.