Genao v. Bailey
- Colleen McMahon
- 1:20-cv-02837
- U.S. District Court · Southern District of New York
- 1
In Genao v. Bailey, Judge McMahon dismissed the action without prejudice because Genao had not obtained required permission or paid the filing fees.
Elvin Genao's action was dismissed without prejudice, while the claims against Patricia J. Bailey and Mena Beshay were not reached.
What happened
In Genao v. Bailey, Elvin Genao filed the action without a lawyer and did not pay the filing fees or apply to proceed without paying them.
The court had previously ordered that Genao could not file a new civil action without paying fees unless he first obtained permission from the court. Genao did not request that permission, so the court dismissed this action without prejudice for failing to follow that order.
Judge McMahon also stated that an appeal would not be taken in good faith and denied Genao permission to appeal without paying the required fees.
The detailed version
- Genao v. Bailey · No. 1:20-cv-02837
- Colleen McMahon
- Apr. 8, 2020
Background
Elvin Genao brought this action against Assistant District Attorneys Patricia J. Bailey and Mena Beshay. He was representing himself. Genao had not paid the fees required to file the action and had not applied to proceed without prepaying those fees.
The court referred to an earlier order that barred Genao from filing any new civil action in the Southern District of New York without prepaying the fees unless he first obtained permission from the court. Genao had not requested that permission.
Ruling
The court dismissed the action without prejudice because Genao failed to comply with the earlier filing restriction. The opinion does not decide the underlying claims against Bailey or Beshay. 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 required fees. The clerk was directed to mail Genao a copy of the order and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.