Genao v. 9th precinct
- Colleen McMahon
- 1:20-cv-02836
- U.S. District Court · Southern District of New York
- 1
In Genao v. 9th Precinct, Chief Judge McMahon dismissed the action without prejudice because Genao lacked required permission to file without fees.
Elvin Genao’s action was dismissed without prejudice because he filed without paying the fee and without obtaining the court’s required permission. The opinion does not state that the underlying claims were decided.
What happened
Elvin Genao sued the 9th Precinct in Genao v. 9th PRECINCT. He filed the case without a lawyer and did not pay the filing fee in advance.
The court had previously barred Genao from filing new cases without paying the fee unless he first obtained the court’s permission. Genao had not requested or received that permission before filing this case.
Chief Judge Colleen McMahon dismissed the case without prejudice because Genao did not follow the earlier filing restriction. The court also said an appeal would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Genao v. 9th precinct · No. 1:20-cv-02836
- Colleen McMahon
- Apr. 13, 2020
Background
Elvin Genao filed this action against the 9th PRECINCT without a lawyer and without paying the filing fee in advance. The opinion states that, in a prior related proceeding, the court had barred Genao from filing any new action without paying the fee unless he first received the court’s permission.
Ruling
Genao had not requested or received permission to file this action. The court therefore dismissed the action without prejudice under 28 U.S.C. § 1651 for failure to comply with the earlier filing restriction. The provided opinion does not address the underlying claims against the 9th PRECINCT.
Appeal and effect
The clerk was directed to mail Genao a copy of the order and record service on the docket. The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. Judge Colleen McMahon signed the order as Chief United States District Judge.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.