Calvino v. United States Courthouse
- Colleen McMahon
- 1:20-cv-00927
- U.S. District Court · Southern District of New York
- 2
Judge McMahon dismissed Calvino v. United States Courthouse without prejudice because he filed without required court permission.
Ernest Calvino Jr., whose action was dismissed without prejudice and whose request to proceed without paying the filing fee on appeal was denied.
What happened
In Ernest Calvino Jr. v. United States Courthouse, the court had previously barred Calvino from filing new cases without paying the filing fee unless he first obtained permission. Calvino then filed this case and requested permission to proceed without paying, but he did not ask the court for the required leave to file.
The court dismissed the action without prejudice because Calvino failed to comply with the earlier filing restriction. This means the dismissal did not permanently bar the action from being filed again, although the opinion does not state what steps would be required to do so.
Chief United States District Judge Colleen McMahon also certified that an appeal would not be taken in good faith and denied Calvino permission to proceed without paying the filing fee for an appeal.
The detailed version
- Calvino v. United States Courthouse · No. 1:20-cv-00927
- Colleen McMahon
- Feb. 14, 2020
Background
On January 10, 2020, the court ordered Ernest Calvino Jr. to explain why he should not be barred from filing future actions in the Southern District of New York without paying the filing fee unless he first obtained the court's permission. Calvino did not respond. On February 11, 2020, the court imposed that restriction, effective as of January 10, 2020.
Filing of This Action
Calvino filed this pro se action on February 3, 2020, and sought permission to proceed without paying the filing fee. The opinion states that he did not first seek the required permission from the court to file the action.
Ruling
The court dismissed the action without prejudice for failure to comply with the February 11, 2020 order. The court also directed the Clerk of Court to mail Calvino a copy of the order and record service on the docket.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied Calvino permission to proceed without paying the filing fee for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.