Carter v. Park
- Jesse Furman
- 1:23-cv-10887
- U.S. District Court · Southern District of New York
- 13
Carter v. Park: Judge Furman ordered Carter to explain why the case should not be dismissed after repeated improper communications and filings.
Darryl C. Carter, the self-represented plaintiff, faced a deadline to explain why the case should continue and warnings of dismissal and possible filing restrictions; the order also denied permission to appeal without paying fees.
What happened
In Carter v. Park, Darryl C. Carter repeatedly emailed the judge’s chambers directly, despite orders instructing him to communicate through the court’s Pro Se Office. The court said his latest email and attachment included racist epithets, offensive language, and attacks on the court.
The court interpreted Carter’s statement that the case could be closed as a request to voluntarily dismiss the case. If that interpretation was wrong, Carter had until April 11, 2024, to say he wanted to continue and explain why the case should not be dismissed as a sanction.
Judge Jesse M. Furman warned that failing to respond would result in dismissal without further notice and that continued misconduct could lead to a filing restriction. The court also denied status allowing Carter to appeal without paying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Carter v. Park · No. 1:23-cv-10887
- Jesse Furman
- Mar. 29, 2024
Background
The court had previously revoked Carter’s permission to file electronically after he emailed a submission directly to chambers containing what the court described as inappropriate and inflammatory language. That order reminded Carter, who was representing himself, that communications with the court had to go through the Pro Se Office. The court warned that violating those restrictions or submitting inappropriate material could result in sanctions, including dismissal.
Carter then sent another email directly to chambers. The court initially presumed he had not yet seen the earlier order and reiterated the warning. The next day, Carter again emailed chambers with an attached filing, despite the prior orders and warnings. The court described the email and attachment as containing more offensive and inflammatory language, including racist epithets and direct attacks against the court.
Order to Show Cause and Possible Voluntary Dismissal
The court construed Carter’s statement that the case could be closed as an apparent request to voluntarily dismiss the case under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. The opinion does not state that the court entered a dismissal on that basis. Instead, it directed Carter to file a letter by April 11, 2024, if he wished to continue prosecuting the case. The letter also had to explain why the case should not be dismissed as a sanction for violating the court’s prior orders and continuing to use inappropriate, offensive, and vulgar language.
The court warned that failure to show cause by the deadline would result in dismissal without further notice. It further prohibited Carter from contacting chambers directly by telephone, email, regular mail, or other means, and warned that continued offensive language could result in dismissal and a filing injunction requiring prior court permission before he could file another lawsuit in that court.
Other Ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and therefore denied Carter permission to appeal without paying fees. The clerk was directed to mail Carter a copy of the order.
Disposition
In Carter v. Park, Judge Jesse M. Furman issued an order to show cause and warnings concerning possible dismissal and filing restrictions; the opinion does not report a final dismissal of the case in this order. It also denied permission to appeal without paying fees.
Read the full 13-page opinion on CourtListener, the free public archive maintained by the Free Law Project.