Muminovic v. Facebook
- Laura Swain
- 1:22-cv-07694
- U.S. District Court · Southern District of New York
- 2
In Muminovic v. Facebook, Judge Swain dismissed a duplicate lawsuit without prejudice and denied fee-free status for an appeal.
Elhar Muminovic’s duplicate lawsuit against Facebook was dismissed, while his earlier identical case remained pending. The order also denied fee-free status for any appeal from this order.
What happened
Muminovic v. Facebook involved Elhar Muminovic’s lawsuit against Facebook. He emailed his complaint to the court but did not pay the required fees or submit a completed and signed request to proceed without paying them.
The court found that Muminovic had already filed an identical complaint in a separate case that was still pending. It dismissed this lawsuit as duplicative without prejudice to the pending case. The court also granted fee-free status only for dismissing this lawsuit 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 fee-free status for an appeal. The order did not decide the underlying claims against Facebook.
The detailed version
- Muminovic v. Facebook · No. 1:22-cv-07694
- Laura Swain
- Sept. 9, 2022
Background
Elhar Muminovic filed this pro se lawsuit against Facebook by emailing his complaint to the court on September 7, 2022. He did not pay the $402 in filing and administrative fees, and he did not submit a completed and signed application to proceed without prepaying fees.
The court stated that Muminovic had previously emailed an identical complaint against Facebook on August 30, 2022. That earlier case was pending under docket number 22-CV-7475 (UA). The court concluded that no useful purpose would be served by litigating the duplicate lawsuit.
Ruling
The court dismissed the complaint as duplicative, without prejudice to Muminovic’s pending case under docket number 22-CV-7475 (UA). It granted Muminovic status to proceed without prepaying fees for the limited purpose of dismissing this complaint.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-free status for an appeal. The Clerk of Court was directed to enter judgment. The order did not address the merits of Muminovic’s claims against Facebook. The court noted that proceeding with the earlier case would require payment of the filing fees or submission of a completed and signed application to proceed without prepaying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.