Crabbe v. Secure Self Storage
- Colleen McMahon
- 1:21-cv-01672
- U.S. District Court · Southern District of New York
- 1
In Crabbe v. Secure Self Storage, Judge McMahon dismissed the action without prejudice because Crabbe lacked required permission to file without paying filing fees.
Emelinda Crabbe’s action was dismissed without prejudice, and she was denied fee-free status for an appeal. The defendant was not required to litigate the underlying claims in this action.
What happened
Crabbe v. Secure Self Storage Unit #3373 involved Emelinda Crabbe’s new civil action, which she filed without a lawyer and asked to pursue without paying filing fees. A prior court order barred her from filing new fee-free civil actions in that court unless she first obtained permission.
The court dismissed this action without prejudice because Crabbe had not obtained that required permission. The court also denied fee-free status for any appeal after certifying that an appeal would not be taken in good faith.
Chief United States District Judge Colleen McMahon issued the order on February 26, 2021. The order did not address the underlying claims against Secure Self Storage Unit #3373.
The detailed version
- Crabbe v. Secure Self Storage · No. 1:21-cv-01672
- Colleen McMahon
- Feb. 26, 2021
Background
Emelinda Crabbe filed this new civil action without a lawyer and requested in forma pauperis status, meaning permission to proceed without paying the filing fee. In a prior related proceeding, the court had ordered that Crabbe could not file any new civil action without paying fees unless she first obtained the court’s permission.
Court’s Reasoning
The opinion states that Crabbe had not asked for the required permission before filing this action. The court therefore dismissed the action for failing to comply with that earlier order. The dismissal was entered under 28 U.S.C. § 1651 and was without prejudice, meaning the order did not bar refiling.
Disposition
The court dismissed the action without prejudice. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. Chief United States District Judge Colleen McMahon directed the clerk to mail Crabbe a copy of the order and record service on the docket. The court did not reach the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.