Ezekwo v. Specialized Loan Servicing

Background

The opinion concerns a filing restriction under 28 U.S.C. § 1651, a federal law that allows courts to issue orders needed to manage cases and protect their proceedings. The court stated that it had dismissed the action on February 26, 2024, as frivolous. It also stated that Plaintiff had filed more than 25 cases in this and other courts that were dismissed as frivolous.

The court had ordered Plaintiff to submit a declaration within 30 days explaining why she should not be barred from filing further actions in the court without prior permission. The order would apply whether she paid the filing fee or sought permission to proceed without paying it. Plaintiff did not file the required declaration.

Ruling and Disposition

The court issued the bar order. Plaintiff may not file future civil actions in the court without first obtaining leave, meaning permission, from the court. A motion seeking permission must be filed with the court's Pro Se Intake Unit and must include both a copy of the proposed complaint and a copy of the bar order.

The court stated that any action filed without the required motion for permission will be dismissed for failure to comply with the order. It also warned that continued submission of frivolous documents may result in additional sanctions, including monetary penalties.

The clerk was directed to close the action and terminate any motions. The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and therefore denied permission to appeal without paying the required costs. The clerk was also directed to enter judgment.