CUNNINGHAM v. SILVERSTEIN PROPERTIES-INC

Background

Benjamin Cunningham filed this action without a lawyer in the United States District Court for the District of New Jersey. That court transferred the action to the Southern District of New York. Cunningham alleged that, on November 9, 2020, he was detained for trespass while accompanying a process server who was attempting to serve a summons and complaint on the Port Authority of New York & New Jersey. He also alleged that he received a “fake trespass notice.”

Prior filing restrictions

The opinion states that, on August 2, 2016, District Judge Deborah A. Batts entered an order barring Cunningham from filing any additional papers or lawsuits without permission of the court because of his “unauthorized, repetitive, and frivolous litigation.” The opinion also identifies later filing restrictions imposed by the United States Court of Appeals for the Second Circuit and the Southern District of New York. It says that Cunningham did not seek permission to file this action.

Ruling

The court dismissed the action without prejudice under 28 U.S.C. § 1651 because Cunningham failed to comply with the August 2, 2016 order. The dismissal was based on the filing restriction; the opinion did not decide the merits of Cunningham’s allegations about detention or the trespass notice.

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. Judge Laura Taylor Swain directed the clerk to enter judgment.