Virgo v. Garcia
- Colleen McMahon
- 1:20-cv-05091
- U.S. District Court · Southern District of New York
- 2
In Virgo v. Garcia, Judge McMahon dismissed Virgillio Virgo’s action without prejudice for violating a prior filing order and denied fee-waiver status for an appeal.
Virgillio Virgo’s action was dismissed without prejudice, and he was denied permission to proceed without paying fees on appeal. The order did not decide the underlying claims against Edward Garcia.
What happened
In Virgo v. Garcia, Virgillio Virgo filed a new civil case without a lawyer in the Southern District of New York.
A prior court order required Virgo to get permission before filing any new civil case without paying filing fees. He did not seek that permission or submit a fee-waiver application, and he did not pay the filing fees.
Judge Colleen McMahon dismissed the action without prejudice because Virgo failed to follow the earlier order. She also denied fee-waiver status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Virgo v. Garcia · No. 1:20-cv-05091
- Colleen McMahon
- July 17, 2020
Background
Virgillio Virgo filed a new civil action without a lawyer. In a prior related proceeding, the court had barred him from filing any new civil action in the Southern District of New York without first obtaining permission to proceed without paying filing fees. Virgo did not seek that permission. He also did not submit an application to proceed without paying fees or pay the required filing fees.
Ruling
Under 28 U.S.C. § 1651, the court dismissed the action without prejudice because Virgo failed to comply with the earlier filing restriction. The opinion does not decide the underlying claims against Edward Garcia.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied Virgo permission to proceed without paying fees for an appeal. The Clerk was directed to mail Virgo a copy of the order and record service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.