Crabbe v. Gotham Mini Storage
- Laura Swain
- 1:22-cv-05461
- U.S. District Court · Southern District of New York
- 1
In Crabbe v. Gotham Mini Storage, Judge Swain dismissed the action without prejudice because Crabbe had not obtained required court permission and denied fee-free filing status for appeal.
Emelinda Crabbe's newly filed action was dismissed without prejudice because she had not obtained the required court permission before filing. The court also denied her fee-free filing status for an appeal.
What happened
In Crabbe v. Gotham Mini Storage, Emelinda Crabbe filed a new case without a lawyer and asked to proceed without paying the filing fee. The defendants were Gotham Mini Storage, NYC Police, and the City and State of New York.
A 2019 court order had barred Crabbe from filing any new fee-free case unless she first obtained permission from the court. Crabbe did not seek that permission before filing this action.
Chief Judge Laura Taylor Swain dismissed the action without prejudice because Crabbe did not follow the 2019 order. Judge Swain also ruled that an appeal would not be taken in good faith and denied fee-free filing status for an appeal.
The detailed version
- Crabbe v. Gotham Mini Storage · No. 1:22-cv-05461
- Laura Swain
- June 29, 2022
Background
Emelinda Crabbe filed this action without a lawyer and requested permission to proceed without paying the filing fee. The defendants were Gotham Mini Storage, NYC Police, and the City and State of New York.
Prior Filing Restriction
The court stated that, in a prior related proceeding, Crabbe had been barred from filing any new action without paying the filing fee unless she first obtained permission from the court. Crabbe filed this action but did not seek that permission.
Ruling
Under 28 U.S.C. § 1651, Chief Judge Laura Taylor Swain dismissed the action without prejudice for failure to comply with the earlier court order. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied Crabbe permission to proceed without paying the filing fee for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.