Berbick v. Brendan
- Laura Swain
- 1:22-cv-00074
- U.S. District Court · Southern District of New York
- 1
In Berbick v. Brendan, Judge Swain dismissed the action without prejudice because Berbick did not obtain required permission to file without paying fees.
Yolanda Berbick's action was dismissed without prejudice, and fee-free status was denied for purposes of any appeal.
What happened
Yolanda Berbick filed Berbick v. Brendan without a lawyer and asked to proceed without paying the filing fee. A 2014 court order required her to get permission before filing any new case without paying fees.
Berbick had not asked for that permission before filing this case. The court therefore dismissed the action without prejudice for violating the 2014 order.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied fee-free status for any appeal.
The detailed version
- Berbick v. Brendan · No. 1:22-cv-00074
- Laura Swain
- Jan. 5, 2022
Background
Yolanda Berbick filed this action without a lawyer and requested permission to proceed without paying the filing fee. The opinion states that a June 25, 2014 order barred her from filing any new action without paying the fee unless she first obtained permission from the court. The earlier order was identified as arising in a prior related proceeding.
Court’s ruling
The court found that Berbick had not sought the required permission before filing this case. It therefore dismissed the action without prejudice for failing to comply with the 2014 order.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It denied permission to proceed without paying the filing fee for purposes of an appeal. The Clerk of Court was directed to mail Berbick a copy of the order and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.