Calvino v. The Dobles
- Colleen McMahon
- 1:20-cv-00653
- U.S. District Court · Southern District of New York
- 2
In Calvino v. The Dobles, Judge McMahon dismissed the action without prejudice because Calvino failed to obtain required permission before filing.
Ernest Calvino Jr.; the dismissal prevents this action from proceeding because he did not obtain the required permission before filing, and the court also denied fee-free status for an appeal.
What happened
In Calvino v. The Dobles, Ernest Calvino Jr. filed a new case without a lawyer and asked to proceed without paying the filing fee. A prior order barred him from filing new cases without that court’s permission.
The court had required Calvino to obtain permission before filing this case. Because he did not seek that permission, the court dismissed the action for violating the earlier order.
Judge McMahon dismissed the action without prejudice. The court also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Calvino v. The Dobles · No. 1:20-cv-00653
- Colleen McMahon
- Feb. 13, 2020
Background
On January 10, 2020, the court ordered Ernest Calvino Jr. to explain why he should not be barred from filing additional actions in that court without first receiving permission. The order concerned filings without paying the required filing fee. Calvino did not file the required declaration.
On February 11, 2020, the court barred Calvino, effective January 10, 2020, from filing any new action without first obtaining permission. Calvino had filed this case on January 17, 2020, and had asked to proceed without paying the filing fee, but he did not seek the required permission.
Ruling
The court dismissed the action without prejudice because Calvino failed to comply with the February 11, 2020 order. “Without prejudice” means the dismissal itself does not bar refiling, although the opinion states that Calvino remained subject to the requirement that he obtain permission before filing a new action without paying the filing fee.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The Clerk of Court was directed to mail the order to Calvino and record service on the docket.
Effect
The case was dismissed without prejudice based on failure to follow the court’s filing-permission requirement. The opinion did not decide the underlying claims against the defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.