Emrit v. Special Agent in Charge of FBI Field Office in Southern District of…
Emrit v. Special Agent in Charge of FBI Field Office in Southern District of New York (SDNY)
- Laura Swain
- 1:22-cv-09832
- U.S. District Court · Southern District of New York
- 2
In Emrit v. Special Agent in Charge of FBI Field Office, Judge Swain dismissed the case without prejudice because Emrit filed without required permission.
Ronald Satish Emrit, whose action was dismissed without prejudice for not obtaining the permission required before filing a new fee-waived case; the underlying claims were not decided.
What happened
In Emrit v. Special Agent in Charge of FBI Field Office, Ronald Satish Emrit filed a new case without a lawyer and asked to proceed without paying filing fees. A previous court order required him to obtain permission before filing any new case in this court without paying those fees.
Emrit had not obtained that permission. The court therefore dismissed the case without prejudice because he did not follow the earlier filing requirement. The opinion does not address the underlying claims against the FBI official.
Chief Judge Laura Taylor Swain directed the clerk to enter judgment dismissing the case. She also ruled that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees.
The detailed version
- Emrit v. Special Agent in Charge of FBI Field Office in Southern District of… · No. 1:22-cv-09832
- Laura Swain
- Dec. 1, 2022
Background
Ronald Satish Emrit filed this action without a lawyer and requested permission to proceed without paying filing fees, commonly called proceeding in forma pauperis. The action was initially filed in the Eastern District of New York and was transferred to the Southern District of New York by order dated November 9, 2022.
The court stated that, in a prior related proceeding, Emrit had been barred from filing any new action in the Southern District of New York without paying filing fees unless he first obtained the court's permission. Emrit filed this action and sought that fee waiver but did not seek the required permission.
Ruling
Under 28 U.S.C. § 1651, the court dismissed the action without prejudice for failure to comply with the earlier order. The dismissal was based on the filing restriction; the opinion did not decide the merits of Emrit's underlying claims.
Chief United States District Judge Laura Taylor Swain directed the clerk to enter judgment dismissing the case. Under 28 U.S.C. § 1915(a)(3), she certified that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.