Genao v. Police Service Area 6
- Colleen McMahon
- 1:20-cv-02840
- U.S. District Court · Southern District of New York
- 1
In Genao v. Police Service Area 6, Chief Judge McMahon dismissed the action without prejudice because Genao did not follow a prior filing requirement.
Elvin Genao's action against Police Service Area 6 was dismissed without prejudice; the court also denied permission to appeal without prepaying fees.
What happened
Elvin Genao brought this action without a lawyer against Police Service Area 6. He had not paid the required filing fees or asked to proceed without paying them.
A prior order barred Genao from filing a new civil action without paying fees unless he first obtained the court’s permission. Genao did not seek that permission, and the court concluded that he appeared to want to proceed without paying the fees.
Chief Judge Colleen McMahon dismissed the action without prejudice for failure to follow the prior order. She also denied permission to appeal without paying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Genao v. Police Service Area 6 · No. 1:20-cv-02840
- Colleen McMahon
- Apr. 8, 2020
Background
Elvin Genao brought the action without a lawyer. The opinion states that he had not paid the required filing fees and had not applied to proceed without prepayment of fees, commonly called proceeding in forma pauperis.
The court had previously ordered that Genao could not file a new civil action without prepaying the fees unless he first sought and obtained permission from the court. Genao did not seek that permission. The court stated that, because he had not paid the fees, he appeared to want to proceed without paying them.
Ruling
Chief Judge Colleen McMahon dismissed the action without prejudice because Genao failed to comply with the earlier order. The dismissal was based on that filing requirement; the opinion does not address the underlying claims against Police Service Area 6.
The court directed the Clerk of Court to mail Genao a copy of the order and record service on the docket. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.