Angelino v. NYC Department of Health and Mental Hygiene

Background

Eli Angelino filed this action without a lawyer, asserting claims about the “delayed” registration of his birth in New York. On May 27, 2025, the Court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii), the statute requiring screening and dismissal of certain claims filed by people proceeding without a lawyer or without paying the filing fee. The Court held, among other things, that issue preclusion barred Angelino from relitigating issues already resolved against him in earlier state-court litigation. The Court granted him 30 days to replead and clarify his allegations.

On May 29, 2025, Angelino filed a declaration stating that his state-court proceedings were ongoing. He asked to voluntarily withdraw this action without prejudice to refiling, or alternatively to keep the action open until those proceedings ended. He also filed a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i). In addition, he requested permission to participate in electronic case filing.

Rulings

The Court liberally construed Angelino’s declaration as a motion for relief from the earlier dismissal under Federal Rule of Civil Procedure 60(b). The Court granted the motion for reconsideration and modified the May 27 dismissal order so that this action was dismissed without prejudice. The Clerk was directed to enter judgment dismissing the action without prejudice.

Because Angelino’s notice of voluntary dismissal was filed after the Court had already dismissed the action, the Court held that notice moot. The Court denied Angelino’s motion for permission to participate in electronic case filing because the action was closed, while noting that he could renew that request in a new federal action. The Court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.