Allen v. Almanzar

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KENT ALLEN, Plaintiff, 21-CV-3838 (LTS) -against- BAR ORDER UNDER BELCALIS ALMANZAR, et al., 28 U.S.C. § 1651 Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff filed this action pro se. On May 17, 2021, the Court dismissed the action as frivolous, noted that Plaintiff had filed twelve lawsuits in this Court since April 19, 2021, and ordered Plaintiff, within thirty days, to show cause by declaration why he should not be barred from filing further actions in forma pauperis (IFP) in this Court without prior permission. Plaintiff has not filed a declaration as directed. Accordingly, the bar order will issue. CONCLUSION The Court hereby bars Plaintiff from filing future civil actions IFP in this Court without first obtaining from the Court leave to file. See 28 U.S.C. § 1651. Plaintiff must attach a copy of his proposed complaint and a copy of this order to any motion seeking leave to file. The motion must be filed with the Pro Se Intake Unit of this Court. If Plaintiff violates this order and files an action without filing a motion for leave to file, the Court will dismiss the action for failure to comply with this order. Plaintiff is further warned that the continued submission of frivolous documents may result in the imposition of additional sanctions, including monetary penalties. See id. The Clerk is directed to close this action and terminate any motions in this case. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED.

Dated: June 28, 2021 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge