Dixon v. Hahn

Background

The court had previously dismissed Yusuf Faruq Dixon’s federal-law claims but gave him 60 days to file an amended complaint asserting claims for which the court had allowed repleading. Dixon appeared without a lawyer and was proceeding without paying filing fees. The court later granted him a 60-day extension and warned that failing to file an amended complaint would result in dismissal and a possible restriction on future fee-free lawsuits.

Dixon did not file an amended complaint. In a January 23, 2024 order, the court dismissed the action, dismissed the federal-law claims for the reasons stated in its earlier order, and declined to consider the state-law claims under supplemental jurisdiction. The court then ordered Dixon to submit a declaration within 30 days explaining why it should not bar him from filing future civil actions in the court without paying fees unless he first obtained permission. Dixon did not submit that declaration.

Ruling

The court barred Dixon from filing any future civil action in the Southern District of New York without paying fees unless he first obtains the court’s permission. To seek permission, he must file a motion with the Pro Se Intake Unit and attach both his proposed complaint and a copy of this order. If he files a fee-free civil action without first seeking permission, the court stated that the action will be dismissed for violating the order.

The court also warned that continued submission of frivolous documents could result in additional sanctions, including monetary penalties. It certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. Finally, the court directed the Clerk to enter a judgment dismissing this action based on the earlier orders.