Combs v. United States of America

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MARITA TALLEY COMBS, Plaintiff, 1:22-CV-7244 (LTS) -against- BAR ORDER UNDER UNITED STATES OF AMERICA; 28 U.S.C. § 1915(g) SOUTHERN STATE OF NEW YORK, Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, a prisoner, filed this action pro se and seeks to proceed in forma pauperis (“IFP”). On September 28, 2022, the Court: (1) noted that while Plaintiff has been a prisoner, she has filed three or more federal civil actions or appeals that were dismissed as frivolous, malicious, or for failure to state a claim on which relief may be granted; and (2) ordered Plaintiff, within 30 days, to show cause by declaration as to why the Court should not recognize her as barred, under the Prison Litigation Reform Act’s “three-strikes” provision, 28 U.S.C § 1915(g), from filing federal civil actions IFP while she is a prisoner. Plaintiff has failed to file a declaration within the time allowed.

CONCLUSION The Court finds that while Plaintiff has been a prisoner, she has filed three or more federal civil actions or appeals that are deemed strikes because they were dismissed as frivolous, malicious, or for failure to state a claim on which relief may be granted. Because Plaintiff has not filed a declaration as directed by the Court, the Court recognizes Plaintiff as barred under 28 U.S.C. § 1915(g), denies her IFP application, and dismisses this action without prejudice.

Plaintiff is barred from filing future federal civil actions IFP while she is a prisoner unless she is under imminent danger of serious physical injury.1 See 28 U.S.C. § 1915(g). The Court warns Plaintiff that the submission of frivolous documents may result in the imposition of additional sanctions, including monetary penalties. See 28 U.S.C. § 1651.

The Court certifies under 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).

The Court directs the Clerk of Court to enter judgment for this action.

SO ORDERED.

Dated: January 18, 2023 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

1 Plaintiff may commence a new federal civil action by paying the fees to bring such an action. If Plaintiff does so, that complaint will be reviewed under 28 U.S.C. § 1915A, which requires the Court to dismiss any civil rights complaint filed by a prisoner if it “(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief.” 28 U.S.C. § 1915A(b).