Genao v. New York City Housing Authority
- Colleen McMahon
- 1:20-cv-04445
- U.S. District Court · Southern District of New York
- 1
In Genao v. New York City Housing Authority, Chief Judge McMahon dismissed the case without prejudice because Genao did not obtain required filing permission.
Elvin Genao, whose federal action was dismissed without prejudice and whose fee-waiver status for an appeal was denied.
What happened
Elvin Genao filed Genao v. New York City Housing Authority without a lawyer and asked to proceed without paying the filing fee. A 2019 order had barred him from filing a new federal civil case without first obtaining the court’s permission.
Genao filed this case and requested that fee waiver but did not ask for the required permission. The court dismissed the action without prejudice for violating the earlier order.
Chief United States District Judge Colleen McMahon also ruled that an appeal would not be taken in good faith and denied fee-waiver status for an appeal.
The detailed version
- Genao v. New York City Housing Authority · No. 1:20-cv-04445
- Colleen McMahon
- June 11, 2020
Background
Elvin Genao filed this case against the New York City Housing Authority and the Division of Human Rights. He was representing himself and requested permission to proceed without paying the filing fee. The opinion does not describe the underlying claims.
In a prior related proceeding, the court had barred Genao from filing any new federal civil action without first obtaining the court’s permission to file. The earlier order applied to cases in which he sought to proceed without paying the filing fee. Genao filed this new case and requested that status but did not first seek the required permission.
Ruling
Chief United States District Judge Colleen McMahon dismissed the action without prejudice because Genao failed to comply with the earlier order. The court directed the Clerk of Court to mail him a copy of the order and record service on the docket.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying the filing fee for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.