EMRIT v. SPECIAL AGENT IN CHARGE OF FBI FIELD OFFICE IN SOUTHERN DISTRICT OF…

Background

Ronald Satish Emrit filed this civil action without a lawyer and sought permission to proceed without paying filing fees. The opinion states that a May 16, 2014 order barred him from filing any new civil action in the Southern District of New York without first obtaining the court’s permission.

The opinion also states that this action was originally filed in the Eastern District of Pennsylvania and transferred to the Southern District of New York. The court noted that the complaint was nearly identical to complaints in two earlier related proceedings, both of which had been dismissed without prejudice under 28 U.S.C. § 1651.

Ruling

Because Emrit had not sought permission before filing, the court dismissed the action without prejudice for failure to comply with the 2014 order. Section 1651 is a federal statute that gives courts authority to issue orders needed to protect their proceedings. The court did not address the underlying claims or allegations.

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied permission to appeal without paying filing fees. The Clerk of Court was directed to enter judgment dismissing the action.

Effect

The dismissal was without prejudice. The opinion does not explain the underlying claims or otherwise decide their merits.