Calvino v. L.
- Colleen McMahon
- 1:19-cv-11958
- U.S. District Court · Southern District of New York
- 2
In Calvino v. L., Judge McMahon barred pro se plaintiff Ernest Calvino, Jr. from filing new civil actions without first obtaining permission to avoid filing fees.
Ernest Calvino, Jr., whose future new civil actions in this court are subject to the filing bar and permission requirement.
What happened
In Calvino v. L., Ernest Calvino, Jr. had filed the action without a lawyer. The court had previously dismissed it as frivolous and noted that many of his other cases had also been dismissed as frivolous.
The court ordered Calvino to explain within 30 days why it should not restrict his ability to file new cases without paying the filing fee. Calvino did not submit the required declaration, and the deadline passed.
Judge Colleen McMahon barred Calvino, effective as of the January 10, 2020 order, from filing new civil actions without prepaying the filing fee unless he first obtains the court's permission. The court closed the case and denied fee-free status for any appeal.
The detailed version
- Calvino v. L. · No. 1:19-cv-11958
- Colleen McMahon
- Feb. 11, 2020
Background
Ernest Calvino, Jr. filed the action without a lawyer. On January 10, 2020, the court dismissed the action as frivolous. The court also noted that Calvino had filed dozens of other cases that had been dismissed as frivolous.
The January 10 order directed Calvino to submit a declaration within 30 days explaining why the court should not bar him from filing additional civil actions without prepaying the filing fee. Calvino did not file the required declaration, and the deadline expired. A footnote states that, after the January 10 order, he filed approximately 50 additional civil actions, most of which had already been dismissed as frivolous.
Ruling
The court issued a filing bar under 28 U.S.C. § 1651. Effective as of the January 10 order, Calvino may not file new civil actions in this court without prepaying the filing fee unless he first obtains permission from the court. Any request for permission must include the proposed complaint and a copy of this order, and it must be filed with the court's Pro Se Intake Unit.
Judge Colleen McMahon ordered that any action Calvino files without prepaying the fee or requesting permission will be dismissed for violating the order. The Clerk was directed to close this action.
Appeal
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. It therefore denied Calvino permission to appeal without prepaying the filing fee.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.