Genao v. Saint Nicholas Housing Development
- Colleen McMahon
- 1:20-cv-02841
- U.S. District Court · Southern District of New York
- 1
Genao v. Saint Nicohlas Housing Development was dismissed without prejudice because Plaintiff filed without required permission, Judge McMahon ruled.
Elvin Genao's case was dismissed without prejudice, and he was denied permission to appeal without prepaying the filing fee. The order did not resolve the underlying claims against Saint Nicohlas Housing Development.
What happened
In Genao v. Saint Nicohlas Housing Development, Elvin Genao filed a new case without a lawyer and without paying the filing fee.
The court had previously barred him from filing new cases without paying fees unless it first gave him permission. He had not requested or received that permission.
Judge Colleen McMahon dismissed the case without prejudice for violating that filing restriction. The court also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Genao v. Saint Nicholas Housing Development · No. 1:20-cv-02841
- Colleen McMahon
- Apr. 9, 2020
Background
Elvin Genao filed this action without a lawyer and without prepaying the filing fee. The opinion states that, in a prior related proceeding, the court barred him from filing any new action without first obtaining the court's permission to proceed without paying the filing fee. The opinion identifies that earlier proceeding as No. 1:19-CV-2704 (S.D.N.Y. June 5, 2019).
Genao had not requested or received permission to file this action. The court therefore dismissed the case under 28 U.S.C. § 1651 for failing to comply with the earlier filing restriction.
Ruling
The court dismissed the action without prejudice. The order does not decide the underlying claims against Saint Nicohlas Housing Development. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied Genao permission to appeal without prepaying the filing fee.
Effect
The dismissal was based on the filing restriction, not on the merits of Genao's claims. The opinion directs the Clerk of Court to mail the order to Genao and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.