Emrit v. Special Agent in Charge of FBI Field Office
- Laura Swain
- 1:22-cv-10740
- U.S. District Court · Southern District of New York
- 2
In Emrit v. Special Agent, Judge Swain dismissed Ronald Satish Emrit’s action without prejudice because he filed without required court permission.
Ronald Satish Emrit’s new civil action was dismissed without prejudice because he had not obtained the permission required before filing a new fee-free civil case in the court.
What happened
In Emrit v. Special Agent in Charge of FBI Field Office in Southern District of New York, Ronald Satish Emrit filed a new civil case without a lawyer and asked to proceed without paying the filing fee. A 2014 order had barred him from filing new fee-free civil cases in this court without first getting permission.
The court dismissed this action without prejudice because Emrit had not sought that required permission. The court also noted that an earlier related case had been dismissed for the same reason.
Judge Laura Taylor Swain ordered the Clerk of Court to enter judgment. She also certified that an appeal would not be taken in good faith and denied fee-free status for any appeal.
The detailed version
- Emrit v. Special Agent in Charge of FBI Field Office · No. 1:22-cv-10740
- Laura Swain
- Dec. 21, 2022
Background
Ronald Satish Emrit filed this civil action without a lawyer and requested permission to proceed without paying the filing fee. The court stated that a May 16, 2014 order had barred Emrit from filing any new civil action in this court without paying the fee unless he first obtained the court’s permission. Emrit had not sought that permission.
The opinion also states that Emrit originally filed this action in the Northern District of New York, which transferred it to the Southern District of New York. The court noted that the complaint was virtually identical to a complaint in an earlier related proceeding, which that court had dismissed without prejudice under 28 U.S.C. § 1651; an appeal in that proceeding was pending.
Ruling
The court dismissed this action without prejudice under 28 U.S.C. § 1651 because Emrit failed to comply with the 2014 filing restriction. The dismissal was based on that filing restriction, and the opinion did not address the merits of the complaint.
Other disposition
Judge Laura Taylor Swain directed the Clerk of Court to enter judgment dismissing the action. Under 28 U.S.C. § 1915(a)(3), she certified that any appeal would not be taken in good faith and denied permission to proceed without paying the filing fee for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.