Pettus v. Holiday
Pettus v. Holiday
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JAMES PETTUS o/b/o TYLER PETTUS, Plaintiff, 25-CV-6011 (LTS) -against- ORDER OF DISMISSAL DAMIAN HOLIDAY; PUBLIC SCHOOL; UNDER
28 U.S.C. § 1651BOARD OF EDUCATION, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: On February 4, 2005, the court barred Plaintiff James Pettus from filing future civil actions in this court without first obtaining from the court leave to file. See Pettus v. Clarke, No. No. 05-CV-1439, 5 (MBM) (S.D.N.Y. Feb. 4, 2005) (electronic docket entry), appeal dismissed as frivolous, No. 05-1314 (2d Cir. Sept. 29, 2005) (electronic docket entry). Plaintiff, proceeding pro se, brings this new civil action seeking leave to proceed in forma pauperis, but he has not sought leave from the court to file this action.1 The Court therefore dismisses the action without prejudice, due to Plaintiff’s failure to comply with the February 4, 2005 judgment in Pettus, No. 05-CV-1439, 5. 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 in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States,
369 U.S. 438, 444-45(1962).
1 Plaintiff attempts to bring this action on behalf of his adult son, Tyler Pettus. As a nonlawyer, however, Plaintiff can only represent his own interests; he cannot assert claims pro se on behalf of his son. See
28 U.S.C. § 1654; U.S. ex rel. Mergent Servs. v. Flaherty,
540 F.3d 89, 92(2d Cir. 2008) (“[A]n individual who is not licensed as an attorney may not appear on another person’s behalf in the other’s cause.”) (internal quotation marks and citation omitted); Eagle Assocs. v. Bank of Montreal,
926 F.2d 1305, 1308(2d Cir. 1991)) (noting that § 1654 “allow[s] two types of representation: ‘that by an attorney admitted to the practice of law by a governmental regulatory body, and that by a person representing himself’”). This action is dismissed without prejudice to any claims Tyler Pettus may wish to bring on his own behalf. The Clerk of Court is directed to enter judgment in this action. SO ORDERED. Dated: August 5, 2025 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
Reference
- Status
- Unknown