Crabbe v. U.S. Social Security
- Laura Swain
- 1:22-cv-02626
- U.S. District Court · Southern District of New York
- 1
In Crabbe v. U.S. Social Security, Judge Swain dismissed Crabbe’s case without prejudice because she filed without first getting required court permission.
Lidia Emelinda Perez Crabbe’s case was dismissed without prejudice because she did not obtain the required permission before filing. Her request to proceed without paying appeal fees was also denied.
What happened
In Crabbe v. U.S. Social Security, Lidia Emelinda Perez Crabbe filed a new case without a lawyer and asked to proceed without paying filing fees.
A 2019 court order barred Crabbe from filing any new case without first getting permission from the court. She did not ask for that permission before filing this case, so the court dismissed the case without prejudice.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied permission to proceed without paying appeal fees.
The detailed version
- Crabbe v. U.S. Social Security · No. 1:22-cv-02626
- Laura Swain
- Apr. 5, 2022
Background
On October 18, 2019, the court entered an order barring Lidia Emelinda Perez Crabbe from filing any new action without first obtaining leave, or permission, from the court. Crabbe then filed this new case without a lawyer and sought in forma pauperis status, which allows a person to proceed without paying filing fees. She did not first seek the required permission.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. § 1651 because Crabbe failed to comply with the 2019 order. The opinion does not decide the underlying claims against U.S. Social Security.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied in forma pauperis status for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.