Crabbe v. 35 Police Precinct
- Laura Swain
- 1:22-cv-07752
- U.S. District Court · Southern District of New York
- 1
In Crabbe v. 35 Police Precinct, Judge Swain dismissed the pro se action without prejudice because Crabbe had not obtained required filing permission.
Emelinda Crabbe, whose action was dismissed without prejudice and whose fee-free status for an appeal was denied.
What happened
In Crabbe v. 35 Police Precinct, Emelinda Crabbe filed a new case without a lawyer and asked to proceed without paying the filing fee.
A 2019 court order barred Crabbe from filing new fee-free civil actions in that court unless she first obtained permission. She had not requested that permission before filing this case.
Judge Laura Taylor Swain dismissed the case without prejudice because Crabbe did not follow the 2019 order. Judge Swain also denied fee-free status for any appeal and directed the Clerk of Court to enter judgment.
The detailed version
- Crabbe v. 35 Police Precinct · No. 1:22-cv-07752
- Laura Swain
- Sept. 12, 2022
Background
Emelinda Crabbe filed this pro se action against 35 Police Precinct, Time Square Alliance, Garment Industry, and 34 Street Precinct. She sought permission to proceed without paying the filing fee.
The court explained that, in an October 18, 2019 order, Crabbe had been barred from filing any new civil action without paying the filing fee in that court unless she first obtained permission from the court. Crabbe had not sought that permission before filing this case.
Ruling
The court dismissed the action without prejudice for failure to comply with the 2019 order. “Without prejudice” means the dismissal did not itself bar a later filing, although the opinion does not describe any conditions for refiling.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The Clerk of Court was directed to enter judgment. 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.