Manko v. Lenox Hill Hospital
- Colleen McMahon
- 1:21-cv-01725
- U.S. District Court · Southern District of New York
- 1
In Manko v. Lenox Hill Hospital, Judge McMahon dismissed Nella Manko’s action without prejudice because she did not follow a prior filing restriction.
Nella Manko’s action was dismissed without prejudice for failure to comply with a prior court order; the opinion does not decide the underlying claims against Lenox Hill Hospital or the other defendants.
What happened
In Manko v. Lenox Hill Hospital, Nella Manko filed a new case without a lawyer and without paying the filing fee or applying to proceed without paying it. A 2013 order had required her to obtain court permission before filing any new case without prepaying the fee.
The court said Manko did not comply with that earlier order. The opinion does not address the underlying claims against Lenox Hill Hospital or the other defendants.
Judge McMahon dismissed the action without prejudice because of the failure to follow the 2013 order. The court also denied permission to proceed without paying the fee on any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Manko v. Lenox Hill Hospital · No. 1:21-cv-01725
- Colleen McMahon
- Mar. 1, 2021
Background
Nella Manko brought this action without a lawyer. She did not prepay the filing fee and did not submit an application to proceed in forma pauperis, meaning without prepaying the filing fee.
The court noted that a July 11, 2013 order had barred Manko from filing any new action without prepaying the filing fee unless she first obtained leave, or permission, from the court. The opinion identifies that earlier order as arising in a prior related proceeding.
Ruling
The court dismissed this action without prejudice under 28 U.S.C. § 1651 because Manko failed to comply with the July 11, 2013 order. “Without prejudice” means the dismissal did not itself bar a later filing, although the opinion states that Manko was required to seek permission before bringing an action without prepaying the filing fee. The court did not decide the merits of Manko’s claims against Lenox Hill Hospital or the other defendants.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without prepaying the filing fee for an appeal. The Clerk of Court was directed to mail the order to Manko and note service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.