Genao v. Federal Bureau of Investigation New York Division
- Colleen McMahon
- 1:20-cv-02838
- U.S. District Court · Southern District of New York
- 1
In Genao v. Federal Bureau of Investigation New York Division, Judge McMahon dismissed the case without prejudice because Genao lacked required permission to file without paying fees.
Elvin Genao's case was dismissed without prejudice because he filed without paying the filing fee and without obtaining the permission required by an earlier court order.
What happened
Elvin Genao filed Genao v. Federal Bureau of Investigation New York Division without a lawyer and without paying the filing fee. The opinion says the court had previously barred him from filing a new case without paying fees unless he first obtained permission.
Genao had not requested or received that permission before filing this case. The court therefore dismissed the case without prejudice for failing to follow the earlier filing restriction.
Judge Colleen McMahon also ruled that an appeal would not be taken in good faith and denied Genao permission to appeal without paying fees. The opinion directed the Clerk of Court to mail Genao a copy of the order and record service.
The detailed version
- Genao v. Federal Bureau of Investigation New York Division · No. 1:20-cv-02838
- Colleen McMahon
- Apr. 9, 2020
Background
Elvin Genao filed this action without a lawyer and without prepaying the filing fees. The court stated that, in a prior related proceeding, it had barred Genao from filing any new action without prepaying the fees unless he first obtained the court's permission.
Reason for dismissal
The court found that Genao had not requested or received permission to file this action. It therefore dismissed the case without prejudice under 28 U.S.C. § 1651 because he failed to comply with the earlier filing restriction. The opinion does not address the merits of Genao's claims against the Federal Bureau of Investigation New York Division.
Other ruling
Judge Colleen McMahon directed the Clerk of Court to mail Genao a copy of the order and record service on the docket. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without prepaying the filing fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.