Chen v. New York State

District Court, S.D. New York

Chen v. New York State

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK VICTOR CHEN, Plaintiff, -against- NEW YORK STATE; NEW YORK PUBLIC 22-CV-5966 (LTS) LIBRARY AND OTHER INSTITUTIONS AS WILL BE NAMED; HARVARD ORDER OF DISMISSAL UNIVERSITY, OFFICE OF GENERAL UNDER

28 U.S.C. § 1651

COUNSEL; YALE UNIVERSITY, PETER SALOVEY, PRESIDENT; UNITED STATES OF AMERICA, MERRICK GARLAND, ATTORNEY GENERAL, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: On June 28, 2022, Plaintiff was barred from filing any new action in forma pauperis (IFP) without first obtaining from the Court leave to file. See Chen v. Vasan, ECF 1:22-CV-2938, 12 (LTS) (S.D.N.Y. June 28, 2022), appeal pending 22-1453 (2d Cir.). Plaintiff files this new pro se case, and seeks IFP status and leave to file. In this complaint, Plaintiff alleges that New York State, the New York Public Library, Harvard and Yale Universities, the United States, and “other institutions,” have violated his constitutional rights under the Fourth and Thirteenth Amendments. (ECF 2.) This action is not a departure from Plaintiff’s pattern of vexatious and frivolous filings. The Court denies the motion for leave to file, and dismisses the action without prejudice. 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. See Coppedge v. United States,

369 U.S. 438, 444-45

(1962). SO ORDERED.

Dated: July 14, 2022 New York, New York

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

Reference

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