Mamot v. Geico Car Insurance

Background

Patricio R. Mamot filed the action without a lawyer and had been allowed to proceed without paying the filing fee. On September 27, 2021, the court dismissed the action for failure to state a claim on which relief could be granted. The court also noted that Mamot had previously filed nine actions that were dismissed for lack of merit and ordered him to show cause—explain why—he should not be barred from filing further actions without paying fees in that court unless he first obtained permission.

Mamot filed a notice of interlocutory appeal on October 7, 2021, and moved for reconsideration on October 13, 2021. The court denied reconsideration on November 29, 2021, and the Second Circuit dismissed the appeal on December 27, 2021. Mamot did not file the declaration required by the September 27, 2021 order.

Rulings

The court issued the filing bar under 28 U.S.C. § 1651. Mamot is barred from filing future civil actions without paying fees in the Southern District of New York unless he first obtains the court’s permission. Any motion seeking permission must be filed with the court’s Pro Se Intake Unit and must include both the proposed complaint and a copy of this order. If Mamot files an action without first seeking permission, the court will dismiss it for failure to comply with the order.

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied fee-free status for purposes of an appeal. The clerk was directed to enter judgment dismissing this case.