Levy v. Baruch College
- Colleen McMahon
- 1:19-cv-07106
- U.S. District Court · Southern District of New York
- 1
In Levy v. Baruch College, Judge McMahon took no further action on a duplicate letter and denied fee-free appeal status.
Fred Levy, whose duplicate letter received no further action and whose permission to appeal without paying filing fees was denied.
What happened
Levy v. Baruch College was a closed case in which Fred Levy submitted a letter titled “Second Notice Feb. 17, 2020.” The court found that, except for its title, the letter duplicated an earlier submission.
Because the court’s February 14, 2020 dismissal order had already addressed the earlier letter, it said no further action was required on the duplicate. The Clerk was directed to mail the order to Levy and record service on the docket.
Judge Colleen McMahon also certified that an appeal from this order would not be taken in good faith and denied Levy permission to appeal without paying filing fees.
The detailed version
- Levy v. Baruch College · No. 1:19-cv-07106
- Colleen McMahon
- Mar. 13, 2020
Background
Fred Levy submitted a letter in this closed case titled “Second Notice Feb. 17, 2020.” The court reviewed the submission and found that, except for the title, it was an exact duplicate of an earlier letter received on January 22, 2020. The court stated that its February 14, 2020 order dismissing the action had already addressed the earlier letter.
Ruling
The court determined that no further action was required on the duplicate submission. It directed the Clerk of Court to mail the order to Levy and note service on the docket.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. It therefore denied Levy permission to appeal without proceeding in forma pauperis, meaning without the special status addressed by that statute.
Disposition
The duplicate letter received no further action. Permission to appeal without proceeding in forma pauperis was denied. The order was issued by Chief United States District Judge Colleen McMahon.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.