Genao v. New York City Housing Authority
- Colleen McMahon
- 1:20-cv-04570
- U.S. District Court · Southern District of New York
- 1
In Genao v. New York City Housing Authority, Judge McMahon dismissed the case without prejudice because Genao filed without required court permission.
Elvin Genao’s case was dismissed without prejudice because he did not obtain the required court permission before filing; the New York City Housing Authority and Division of Human Rights were not reached on the underlying claims.
What happened
Elvin Genao filed Genao v. New York City Housing Authority, naming the New York City Housing Authority and Division of Human Rights as defendants. He represented himself and asked to proceed without paying the filing fee.
A prior court order barred Genao from filing any new federal case without paying the filing fee unless he first obtained the court’s permission. He filed this case without asking for that permission.
Chief Judge Colleen McMahon dismissed the action without prejudice for violating the earlier order. She also denied Genao permission to appeal without paying the filing fee, certifying that an appeal would not be taken in good faith.
The detailed version
- Genao v. New York City Housing Authority · No. 1:20-cv-04570
- Colleen McMahon
- June 16, 2020
Background
Elvin Genao filed this federal case against the New York City Housing Authority and Division of Human Rights. The opinion states that Genao was representing himself and sought permission to proceed without paying the filing fee.
In a prior related proceeding, the Court had ordered that Genao could not file a new federal civil action without paying the filing fee unless he first obtained permission from the Court. Genao filed this action but did not seek that permission.
Ruling
Chief Judge Colleen McMahon dismissed the action without prejudice because Genao failed to comply with the earlier order. The opinion does not address the underlying claims against the defendants. “Without prejudice” means the dismissal itself does not bar a later filing, although the opinion does not state what steps would be required for any later filing.
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 appeal without paying the filing fee. The Clerk was directed to mail Genao a copy of the order and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.