Onatolu v. S.S.I.
- Colleen McMahon
- 1:20-cv-07604
- U.S. District Court · Southern District of New York
- 1
In Onatolu v. SSI, Chief Judge McMahon denied leave to file because the plaintiff failed to comply with an earlier restriction and denied fee-free appeal status.
Plaintiff Adekunle A. Onatolu was denied permission to file this action and permission to appeal without paying filing fees. The opinion does not decide the underlying claims against SSI.
What happened
Onatolu v. SSI concerned the plaintiff’s request to file an action without paying filing fees. An earlier court order barred him from filing any new action without first obtaining permission from the court.
The opinion does not describe the claims against SSI. It says the plaintiff failed to comply with the earlier filing restriction. The plaintiff also submitted documents related to an appeal, but no order existed in this action to appeal from.
Chief Judge Colleen McMahon denied the plaintiff permission to file the action. She also ruled that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The court did not address the appeal-related documents because there was no appealable order in the action.
The detailed version
- Onatolu v. S.S.I. · No. 1:20-cv-07604
- Colleen McMahon
- Oct. 19, 2020
Background
The plaintiff, Adekunle A. Onatolu, filed this action against SSI. The opinion does not state what claims the action asserted. It refers to an earlier court order barring the plaintiff from filing any new action without paying filing fees unless he first obtained permission from the court.
Court’s Reasoning
The court concluded that the plaintiff had not complied with that earlier filing restriction. The opinion therefore denied him permission to file this action. It cites the earlier related proceeding but does not address the merits of the claims against SSI.
The plaintiff attached a notice of appeal, a request for more time to file a notice of appeal, and applications to appeal without paying filing fees. The court stated that, when the complaint was filed, no order had yet been entered in this action from which an appeal could be taken. It therefore did not address those documents.
Ruling
Chief Judge Colleen McMahon denied the plaintiff leave to file the action. Under 28 U.S.C. § 1915(a)(3), the court certified that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The order does not state that the case or any claim was dismissed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.