Gross v. The City of New York
- Colleen McMahon
- 1:20-cv-04515
- U.S. District Court · Southern District of New York
- 2
In Gross v. City of New York, Judge McMahon denied Gross’s request for emergency relief as moot and denied fee-free appeal status.
Abraham Gross, the City of New York and the other named defendants, and the handling of further filings and any appeal in this docket.
What happened
In Gross v. The City of New York, the court had already dismissed Abraham Gross’s complaint without prejudice because it duplicated another complaint he had pending. The court had also denied his request to reconsider that dismissal.
Gross then asked for an order requiring the defendants to explain why the court should not grant a preliminary injunction. Because the case was closed, the court concluded that request was no longer a live issue.
Judge Colleen McMahon denied the request as moot and terminated all other pending matters. She also denied Gross permission to appeal without paying filing fees, finding that an appeal would not be taken in good faith.
The detailed version
- Gross v. The City of New York · No. 1:20-cv-04515
- Colleen McMahon
- July 7, 2020
Background
On June 25, 2020, the court dismissed Abraham Gross’s complaint without prejudice because it duplicated his pending complaint in another case. On July 6, 2020, the court denied Gross’s request to reconsider that dismissal.
Request for Preliminary Injunction
Also on July 6, Gross submitted a request for an order to show cause seeking preliminary injunctive relief. An order to show cause would require the defendants to explain why the requested relief should not be granted. The court stated that this case was closed and therefore denied Gross’s request as moot, meaning the request no longer presented a live issue in this case.
Ruling and Other Orders
Judge Colleen McMahon directed the Clerk of Court to mail Gross a copy of the order and record service on the docket. The court terminated all other pending matters. Consistent with the July 6 order, the court also stated that it would not accept further documents under this docket number except documents directed to the United States Court of Appeals for the Second Circuit.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. It therefore denied Gross permission to appeal without paying filing fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.