Calvino v. Madi Grands
- Colleen McMahon
- 1:20-cv-00871
- U.S. District Court · Southern District of New York
- 2
In re Ernest Calvino: Judge McMahon dismissed the cases without prejudice because Calvino violated an order requiring permission before filing without paying fees.
Ernest Calvino and the five listed cases. The ruling dismissed those cases without prejudice and denied fee-waiver status for an appeal.
What happened
In re Ernest Calvino concerns five cases filed after the court had ordered Calvino to obtain permission before filing any new action without paying filing fees. The opinion says Calvino represented himself and requested that fee waiver in each case.
The court had previously ordered Calvino to explain why this filing restriction should not apply, but he did not respond. The court then barred him from filing new fee-waiver cases without permission, and he filed these cases without seeking that permission.
Judge McMahon dismissed these actions without prejudice for failure to comply with the earlier order. The court also ruled that any appeal would not be taken in good faith and denied fee-waiver status for an appeal.
The detailed version
- Calvino v. Madi Grands · No. 1:20-cv-00871
- Colleen McMahon
- Feb. 19, 2020
Background
On January 10, 2020, the court ordered Ernest Calvino to show cause—meaning to explain—why he should not be barred from filing any additional actions in the Southern District of New York without first obtaining court permission to proceed without paying filing fees. Calvino did not respond. On February 11, 2020, the court imposed that filing restriction, effective January 10, 2020.
Reason for Dismissal
Calvino filed the five listed cases after January 10, 2020, requested permission to proceed without paying filing fees, and did not obtain the required permission from the court. The court therefore dismissed the actions for failure to comply with the February 11 order.
Ruling
Judge Colleen McMahon dismissed the actions without prejudice under 28 U.S.C. § 1651. The court directed the Clerk of Court to mail the order to Calvino and docket it in all five cases. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied Calvino permission to proceed without paying filing fees for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.