Nunez v. Silber
- Laura Swain
- 1:25-cv-03879
- U.S. District Court · Southern District of New York
- 2
In Nunez v. Silber, Chief Judge Swain dismissed the action without prejudice because Nunez did not obtain required permission to file.
Javier Nunez, whose action was dismissed without prejudice; Mark Silber, who was named as the defendant.
What happened
Nunez v. Silber concerns Javier Nunez’s complaint against Mark Silber arising from Nunez’s eviction and related events. Nunez asked to proceed without paying the filing fee, but he did not ask for permission to file the action.
The court had previously barred Nunez from filing future unpaid-fee civil actions in that court involving the eviction and related events unless the court first granted permission. The court found that this action fell within that earlier order.
Chief Judge Laura Taylor Swain dismissed the action without prejudice for violating the earlier filing restriction. She also directed entry of judgment and denied unpaid-fee status for any appeal after certifying that an appeal would not be taken in good faith.
The detailed version
- Nunez v. Silber · No. 1:25-cv-03879
- Laura Swain
- June 9, 2025
Background
Javier Nunez sued Mark Silber over claims arising from Nunez’s eviction and related events. The court stated that Silber had also been named as a defendant in Nunez’s earlier related litigation.
In an earlier round of this case, the court entered an order barring Nunez from filing future civil actions in the Southern District of New York without paying the filing fee when those actions arose from the eviction and related events, unless Nunez first obtained the court’s permission to file. The court noted that an appeal from that earlier order was dismissed as frivolous.
Ruling
Nunez asked to proceed without paying the filing fee, but he did not seek the separate permission required by the earlier order. The court concluded that the present action fell within that filing restriction and dismissed the action without prejudice because Nunez failed to comply with the earlier order.
The court directed the Clerk of Court to enter judgment dismissing the action. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied unpaid-fee status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.