Jean-Baptiste v. United States Department of Justice

Background

Harold Jean-Baptiste filed this action without a lawyer on February 14, 2024. On April 4, 2024, the court dismissed the action as frivolous and ordered him to show why it should not bar him from filing additional cases in the Southern District of New York without prior permission, whether or not he paid the filing fee or requested permission to proceed without paying it.

Jean-Baptiste responded with a filing titled “Show Cause and Opposition for Dismissal and (Declaration for summary judgment Attached).” The court said that he continued to make frivolous claims and gave only conclusory statements that the court could not reach an educated conclusion without seeing or hearing evidence and that he had not abused his right to file cases.

Basis for the Filing Restriction

The court stated that a review of the federal court filing system showed that Jean-Baptiste had filed upward of 45 federal cases around the country, many substantially similar to this complaint. The opinion also described filing injunctions imposed by three other federal courts. Those restrictions required him to obtain permission before filing certain or any new cases in those courts.

The court relied on the authority of federal courts to impose restrictive measures on litigants who have abused their opportunities to litigate. It explained that courts may completely bar designated categories of cases or use the less severe remedy of requiring permission before future filings.

Order

The court enjoined Jean-Baptiste from filing any complaint or initiating litigation in the Southern District of New York unless he first filed a motion for permission with the court’s Pro Se Intake Unit. The motion must include:

- a copy of the April 29 order; - a copy of the proposed complaint; and - a one-page, double-spaced declaration, in the specified 12-point format and margins, submitted under penalty of perjury, explaining why the proposed matter is not frivolous and stating whether it has been the subject of earlier litigation.

The order states that any action Jean-Baptiste starts without first obtaining permission will be dismissed for failure to comply with the order. The court did not at that time completely prohibit him from filing new lawsuits raising claims against the Federal Bureau of Investigation or the Department of Justice, but warned that continued attempts to file frivolous lawsuits could result in a complete filing injunction.

The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to appeal without paying the required fees.

Disposition and Classification

The court entered a filing injunction requiring prior permission for Jean-Baptiste’s future complaints or litigation in the Southern District of New York. It also denied permission to appeal without paying fees. This order is procedural because it imposes an ancillary filing restriction rather than deciding the merits of an underlying legal claim.