Sims v. Optimum TV et al

Filing 5

BAR ORDER UNDER 28 U.S.C. § 1651: The Court hereby bars Plaintiff from filing future civil actions IFP in this court without first obtaining from the court leave to file. See 28 U.S.C. § 1651. Plaintiff must attach a copy of his proposed complaint and a copy of this order to any motion seeking leave to file. The motion must be filed with the Pro Se Intake Unit of this court. If Plaintiff violates this order and files an action without filing a motion for leave to file, the actio n will be dismissed for failure to comply with this order. The Clerk of Court is directed to enter judgment in this 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 IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/29/22) (rdz) Transmission to Office of the Clerk of Court for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
NATHANIEL SIMS,
Plaintiff,

22-CV-3750 (LTS)

-againstOPTIMUM TV; MICHELLE BAEZ; CON
EDISON,

BAR ORDER UNDER
28 U.S.C. § 1651

Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff filed this action pro se. On May 31, 2022, the Court dismissed the action for lack
of subject matter jurisdiction, noted that Plaintiff has filed at least ten other cases dismissed as
frivolous, for lack of subject matter jurisdiction, for failure to state a claim on which relief may
be granted, or because Plaintiff had been barred from seeking a certain type of relief in this court
without leave of the court. The Court ordered Plaintiff, within thirty days, to show cause by
declaration why he should not be barred from filing further actions in forma pauperis (IFP) in
this Court without prior permission. Plaintiff has not filed a declaration as directed. Accordingly,
the bar order will issue.
CONCLUSION
The Court hereby bars Plaintiff from filing future civil actions IFP in this court without
first obtaining from the court leave to file. See 28 U.S.C. § 1651. Plaintiff must attach a copy of
his proposed complaint and a copy of this order to any motion seeking leave to file. The motion
must be filed with the Pro Se Intake Unit of this court. If Plaintiff violates this order and files an
action without filing a motion for leave to file, the action will be dismissed for failure to comply
with this order.
The Clerk of Court is directed to enter judgment in this 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 IFP status is denied for the purpose of an appeal.
Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
SO ORDERED.
Dated:

July 29, 2022
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge

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