Genao v. Sweeting
- Colleen McMahon
- 1:19-cv-10629
- U.S. District Court · Southern District of New York
- 1
In Genao v. Sweeting, Judge McMahon dismissed the action without prejudice because Genao did not comply with an earlier filing restriction.
Elvin Genao, whose action was dismissed without prejudice for failing to comply with an earlier order requiring court permission to file a new federal civil action without prepaying the filing fee.
What happened
In Genao v. Sweeting, Elvin Genao filed a federal case without paying the filing fee or submitting an application to proceed without paying it.
An earlier court order barred Genao from filing new federal civil cases without paying the fee unless he first obtained permission from the court. Genao did not comply with that order.
The court dismissed this action without prejudice for that failure. Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Genao v. Sweeting · No. 1:19-cv-10629
- Colleen McMahon
- Nov. 18, 2019
Background
Elvin Genao brought the action without a lawyer. He had not paid the filing fee and had not submitted an application to proceed without paying the fee. The court referred to an earlier June 5, 2019 order that barred Genao from filing any new federal civil action without paying the fee unless he first obtained the court's permission.
Ruling
The court dismissed the action without prejudice because Genao failed to comply with the June 5 order. “Without prejudice” means the dismissal did not bar him from bringing the matter again, subject to applicable requirements. The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
Effect
The dismissal ended this action under the order. The Clerk of Court was directed to assign the matter to Judge McMahon's docket, mail Genao a copy of the order, and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.