Manko v. Lenox Hill Hospital

Background

Nella Manko filed a new case while representing herself. The court stated that a July 11, 2013 order had barred her from filing any new action without paying filing fees unless she first obtained permission from the court. In this case, Manko did not request that permission and did not pay the filing fees. Although she labeled the complaint “fee paid,” the court confirmed with its Finance Department that the required fees had not been paid.

Ruling

The court assumed, for purposes of the order, that Manko was seeking permission to proceed without paying filing fees. Because she had not obtained the required permission before filing, the court dismissed the action without prejudice for failure to comply with the 2013 order. “Without prejudice” means the dismissal itself did not bar a later filing, although the opinion did not address the requirements for any later filing.

The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied Manko permission to proceed without paying fees for an appeal. The court did not reach the merits of Manko’s claims against Lenox Hill Hospital or the other defendants.

Effect

The dismissal ended this action at that stage, based on the filing-fee and prior-order requirement rather than the substance of the claims. The Clerk was directed to mail Manko a copy of the order and record service on the docket.