Calvino v. Couleone
- Colleen McMahon
- 1:20-cv-01059
- U.S. District Court · Southern District of New York
- 2
Judge McMahon dismissed Calvino v. Courleone without prejudice because Calvino filed without required court permission after an earlier filing bar.
Ernest Calvino Jr.; the dismissal ended this action without prejudice, and the court denied him permission to appeal without paying the filing fee.
What happened
In Ernest Calvino Jr. v. Robert Courleone, Calvino filed this case without a lawyer and asked to proceed without paying the filing fee.
Before this case, the court ordered Calvino to explain why it should not bar him from filing additional cases without first getting permission. Calvino did not respond, and the court imposed that bar. He then filed this case without requesting the required permission.
Judge Colleen McMahon dismissed the action without prejudice for violating the earlier order. She also denied Calvino permission to appeal without paying the filing fee, finding that an appeal would not be taken in good faith.
The detailed version
- Calvino v. Couleone · No. 1:20-cv-01059
- Colleen McMahon
- Feb. 14, 2020
Background
Calvino filed this pro se action on February 6, 2020, and sought permission to proceed without paying the filing fee. The court had previously ordered him to show cause—meaning to explain—why he should not be barred from filing further actions without first obtaining court permission. Calvino did not respond to that order.
On February 11, 2020, the court barred Calvino, effective January 10, 2020, from filing any new action without first obtaining leave of court. Calvino had not obtained that permission before filing this action.
Court’s Analysis
The court determined that this action violated the February 11 order because Calvino filed it without first seeking permission. The opinion does not decide the underlying claims against the defendants.
Disposition
Judge Colleen McMahon dismissed the action without prejudice for failure to comply with the February 11 order. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying the filing fee.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.