Antrobus v. Department of Corrections (NYC)
Antrobus v. Department of Corrections (NYC)
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ANDRE ANTROBUS, Plaintiff, 24-CV-9474 (LTS) -against- BAR ORDER UNDER DEPARTMENT OF CORRECTIONS (NYC);
28 U.S.C. § 1915(g) NEW YORK CITY; GRVC UNKNOWN, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff filed this action pro se, seeking to proceed in forma pauperis. On December 17, 2024, the Court concluded that, while Plaintiff was a prisoner, he had filed three or more cases that had been dismissed as frivolous, malicious, or for failure to state a claim. The Court therefore ordered Plaintiff, within thirty days, to show cause by declaration why the Court should not find that he was barred, under
28 U.S.C. § 1915(g), from filing further actions in forma pauperis in this Court while a prisoner. Plaintiff did not file a declaration, and the time to do so has expired. CONCLUSION The Court finds that, while Plaintiff was a prisoner, he filed three or more cases that are deemed strikes because they were dismissed as frivolous, malicious, or for failure to state a claim. Accordingly, Section 1915(g) bars Plaintiff from filing future actions in forma pauperis while he is a prisoner unless he is under imminent threat of serious physical injury. The Court denies Plaintiff’s request to proceed in forma pauperis and dismisses the complaint without prejudice under the Prison Litigation Reform Act’s “three-strikes” rule.1 See
28 U.S.C. § 1915(g). 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 in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States,
369 U.S. 438, 444-45(1962). SO ORDERED. Dated: January 27, 2025 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
1 Plaintiff may commence a new action by paying the filing fee. 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 from 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).
Reference
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