Genao v. Lewis & Lin LLC
- Colleen McMahon
- 1:20-cv-02839
- U.S. District Court · Southern District of New York
- 1
In Genao v. Lewis & Lin LLC, Judge McMahon dismissed the action without prejudice because Genao did not obtain required permission before filing without paying fees.
Elvin Genao, who filed without a lawyer, had the action dismissed without prejudice and was denied permission to appeal without prepaying fees. Lewis & Lin LLC was named as the defendant in the dismissed action.
What happened
In Genao v. Lewis & Lin LLC, Elvin Genao brought the action without a lawyer. He had not paid the filing fees or applied to proceed without paying them.
A June 5, 2019 order barred Genao from filing a new civil action in that court without paying fees unless he first obtained permission. Genao did not request that permission.
The court dismissed the action without prejudice for violating the earlier order. Chief Judge Colleen McMahon also ruled that an appeal would not be taken in good faith and denied permission to appeal without paying fees.
The detailed version
- Genao v. Lewis & Lin LLC · No. 1:20-cv-02839
- Colleen McMahon
- Apr. 8, 2020
Background
Elvin Genao filed the action without a lawyer. He did not pay the fees required to bring the case and did not apply to proceed without prepaying those fees, a status commonly called proceeding without paying fees.
A June 5, 2019 order had barred Genao from filing any new civil action in the Southern District of New York without paying fees unless he first obtained the court's permission. The opinion states that Genao had not sought that permission. Because he had not paid the fees, the court stated that it appeared he wanted to proceed without paying them.
Ruling
Chief United States District Judge Colleen McMahon dismissed the action without prejudice under 28 U.S.C. § 1651 because Genao failed to comply with the June 5, 2019 order. The court 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. It therefore denied Genao permission to appeal without prepaying fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.