Rosenberg v. United States
- Laura Swain
- 1:22-cv-06174
- U.S. District Court · Southern District of New York
- 1
In Rosenberg v. United States, Judge Swain dismissed the pro se action without prejudice because Rosenberg had not obtained required filing permission.
Rudi Rosenberg's action was dismissed without prejudice, all pending matters were terminated, and permission to proceed without paying appeal fees was denied. The opinion does not describe the underlying claims.
What happened
Rosenberg v. United States involved Rudi Rosenberg, who filed a new civil action without a lawyer and asked to proceed without paying filing fees. A prior court order had barred him from filing new civil actions in that court unless he first obtained permission.
Because Rosenberg had not sought that permission, the court dismissed the action without prejudice. The court also terminated all pending matters and directed the Clerk of Court to enter judgment.
Judge Laura Taylor Swain certified that an appeal would not be taken in good faith and denied permission to proceed without paying fees for any appeal.
The detailed version
- Rosenberg v. United States · No. 1:22-cv-06174
- Laura Swain
- July 27, 2022
Background
A September 20, 2021, order barred Rudi Rosenberg from filing any new civil actions in the Southern District of New York without first obtaining the court's permission to file. Rosenberg then filed this new civil action without a lawyer and sought permission to proceed without paying filing fees, but he did not seek the required permission to file.
Ruling
The court dismissed the action without prejudice because Rosenberg failed to comply with the September 20, 2021, filing restriction. The order terminated all pending matters and directed the Clerk of Court to enter judgment.
Appeal
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied permission to proceed without paying filing fees for purposes of an appeal. Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.