Genao v. The City of New York
- Laura Swain
- 1:22-cv-05676
- U.S. District Court · Southern District of New York
- 2
In Genao v. The City of New York, Judge Swain dismissed Antonio Genao’s complaint without prejudice after he failed to meet filing requirements.
Antonio Genao’s complaint against the City of New York was dismissed without prejudice; the court also denied him permission to proceed without paying filing fees for an appeal.
What happened
Genao v. The City of New York involved Antonio Genao’s complaint against the City of New York. The court had ordered Genao to resubmit the complaint’s signature page and either pay the required $402 filing fee or request permission to proceed without paying it.
The court’s order was returned as undeliverable to the address Genao provided. He did not complete the required steps or notify the court of a new mailing address, even though the earlier order warned that failing to comply would lead to dismissal.
Judge Laura Taylor Swain dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. She also denied permission to proceed without paying fees for an appeal and directed the Clerk of Court to enter judgment.
The detailed version
- Genao v. The City of New York · No. 1:22-cv-05676
- Laura Swain
- Aug. 18, 2022
Background
Antonio Genao brought a complaint against the City of New York. The opinion does not describe the underlying claims.
Court’s Earlier Order
On July 12, 2022, the court directed Genao, within 30 days, to resubmit the complaint’s signature page and either pay the $402 filing fee required for a civil action or submit a completed request to proceed without paying the fee. The court warned that failure to comply would result in dismissal.
The earlier order was returned as undeliverable on August 5, 2022, to the mailing address Genao had provided. Genao did not comply with the order and did not notify the court that his mailing address had changed.
Ruling
The court dismissed Genao’s complaint without prejudice because he failed to comply with the court’s order. The court also certified that any appeal would not be taken in good faith and denied permission to proceed without paying filing fees for an appeal. The Clerk of Court was directed to issue judgment.
Classification Basis
This is a procedural order. The court dismissed the complaint for failure to complete filing requirements and did not address the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.