Virgo v. Bronx Medical
- Colleen McMahon
- 1:20-cv-02729
- U.S. District Court · Southern District of New York
- 1
In Virgo v. Bronx Medical, Judge McMahon dismissed Virgillio Virgo’s case without prejudice because he filed without required permission to proceed without paying fees.
Virgillio Virgo’s case was dismissed without prejudice, and he was denied permission to proceed without paying fees for an appeal.
What happened
In Virgo v. Bronx Medical, Virgillio Virgo filed the case without a lawyer and asked to proceed without paying the filing fee. An earlier court order required him to get permission before filing any new case under that fee-waiver process.
Virgo had not asked for that permission before filing this case. The court therefore dismissed the case without prejudice for failing to follow the earlier order.
Judge Colleen McMahon also ruled that an appeal would not be taken in good faith and denied Virgo permission to proceed without paying fees on appeal.
The detailed version
- Virgo v. Bronx Medical · No. 1:20-cv-02729
- Colleen McMahon
- Apr. 22, 2020
Background
Virgillio Virgo filed this case without a lawyer and requested permission to proceed without paying the filing fee. The court had previously ordered that Virgo could not file any new case under that fee-waiver process unless he first obtained the court’s permission. Virgo did not seek that permission before filing this action.
Ruling
The court dismissed the action without prejudice because Virgo failed to comply with the earlier order. “Without prejudice” means the dismissal did not permanently bar the action on that stated ground. The clerk was directed to mail Virgo a copy of the order and record service on the docket.
Judge Colleen McMahon also certified that an appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without paying the filing fee for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.