Keyes v. Berkowitz et al

Filing 7

ORDER denying 2 Motion for Leave to Proceed in forma pauperis; Accordingly, Plaintiff is DIRECTED to pay the $350 filing fee for each of the New Complaints within fourteen (14) days of the date of this Memorandum and Order. Failure to do so will lead to the dismissal of her claims without further notice and judgment shall enter in each 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 in forma pauperis status is DENIED for the purpose of any appeal. So Ordered by Judge Joanna Seybert on 6/30/2017. C/M (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------X
KEYSEAN L. KEYES,
Plaintiff,
ORDER
16-CV-7041(JS)(SIL)

-againstMERYL BERKOWITZ, et al.,
Defendants.
----------------------------------X
KEYSEAN L. KEYES,
Plaintiff,
-against-

16-CV-7042(JS)(SIL)

MERYL BERKOWITZ, et al.,
Defendants.
----------------------------------X
KEYSEAN L. KEYES,
Plaintiff,
-against-

17-CV-0181(JS)(SIL)

RONALD LUNGO, et al.,
Defendants.
----------------------------------X
APPEARANCES:
For Plaintiff:
Keysean L. Keyes, pro se
P.O. Box 1812
Mineola, NY 11501
For Defendants:

No appearances.

SEYBERT, District Judge:
While incarcerated, pro se plaintiff Keysean L. Keyes
(“plaintiff”), a frequent filer in this Court, filed three more in
forma pauperis Complaints in this Court on December 14, 2016,

December 19, 2016, and January 3, 2017 (the “New Complaints”).

By

Electronic Order dated May 26, 2017, the New Complaints were
reassigned to the undersigned. Plaintiff has already had more than
three

in

forma

pauperis

complaints

sua

sponte

dismissed

as

frivolous and/or for failure to state a claim upon which relief may
be granted pursuant to 28 U.S.C. §§ 1915(e)(2(B)(i)-(ii).

See,

Keyes v. Nassau Cty. Ct. and Sup. Ct., et al., 16-CV-4016;

Keyes

v. Sullivan, 16-CV-4989; Keyes v. Nassau Cty. Sheriff’s Dep’t, et
al., 16-CV-5482; Keyes v. Nassau Cty. Corr. Facility, et al., 16CV-5483; Keyes v. The District Att’y, et al., 16-CV-5484; Keyes v.
The People of the State of N.Y., and 16-CV-5485; and Keyes v.
Sullivan, et al., 16-CV-5486 all of which have been dismissed
pursuant to 28 U.S.C. §§ 1915(e)(2)(b) and 1915A(b) for failure to
allege a plausible claim for relief.1

1

The Court notes that, during the period October 5, 2016 through
November 10, 2016, Plaintiff also filed fourteen (14) in forma
pauperis complaints in cases: 16-CV-5747, 16-CV-5752, 16-CV-5753,
16-CV-5755, 16-CV-5757, 16-CV-5990, 16-CV-5991, 16-CV-5992, 16CV-5993, 16-CV-5994, 16-CV-5995, 16-CV-6226, 16-CV-6310, and 16CV-6311. Given Plaintiff’s history of filing frivolous
complaints, and because she had already accumulated three strikes
under Section 1915(g), leave to file these complaints in forma
pauperis was denied by Order dated December 30, 2016. In
addition, Plaintiff filed another five (5) in forma pauperis
complaints during the period February 1, 2017 through
February 27, 2017 (17-CV-0692, 17-CV-0969, 17-CV-1059, 17-CV1060, and 17-CV-1061) and leave to file these complaints in forma
pauperis was denied by Memorandum and Order dated June 6, 2017
for the same reason.
2

The Prison Litigation Reform Act, 28 U.S.C. § 1915(g),
provides:
In no event shall a prisoner bring a civil
action or appeal a judgment in a civil action
or proceeding [in forma pauperis] if the
prisoner has, on 3 or more prior occasions,
while
incarcerated
or
detained
in
any
facility, brought an action or appeal in a
court of the United States that was dismissed
on the grounds that it is frivolous,
malicious, or fails to state a claim upon
which relief may be granted, unless the
prisoner is under imminent danger of serious
physical injury.
Here, Plaintiff has not alleged that she is in “imminent
danger of serious physical injury” in any of the New Complaints.
See 28 U.S.C. § 1915(g).

Accordingly, because Plaintiff has on at

least three prior occasions “brought an action or appeal in a court
of the United States that was dismissed on the grounds that it is
frivolous, malicious, or fails to state a claim upon which relief
may be granted,” and has not alleged that she is “under imminent
danger of serious physical injury,” her applications to proceed in
forma pauperis are denied as to all of the New Complaints.
U.S.C. § 1915(g).

28

Accordingly, Plaintiff is DIRECTED to pay the

$350 filing fee for each of the New Complaints within fourteen (14)
days of the date of this Memorandum and Order.

Failure to do so

will lead to the dismissal of her claims without further notice and
judgment shall enter in each case.

3

Plaintiff is advised that

payment of the filing fee does not exempt her from the requirements
of 28 U.S.C. § 1915A and that the Court is required to dismiss a
complaint if the action is frivolous or malicious, fails to state
a claim upon which relief may be granted, or seeks monetary relief
against a defendant who is immune from such relief.

28 U.S.C. §§

1915(e)(2)(B)(i)-(iii) and 1915A(a)-(b).
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 any
appeal.

See Coppedge v. United States, 369 U.S. 438, 444-45, 82 S.

Ct. 917, 8 L. Ed. 2d 21 (1962).

SO ORDERED.

/s/ JOANNA SEYBERT
Joanna Seybert, U.S.D.J.
Dated:

June
30 , 2017
Central Islip, New York

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