EMRIT v. SPECIAL AGENT IN CHARGE OF FBI
- Laura Swain
- 1:23-cv-00569
- U.S. District Court · Southern District of New York
- 2
Judge Swain dismissed Emrit v. Special Agent in Charge of FBI without prejudice because Emrit did not obtain required permission for his fee-free filing.
Ronald Satish Emrit's case was dismissed without prejudice, and he was denied permission to proceed without paying the filing fee on appeal. Any pending motions were terminated, and judgment was entered.
What happened
In EMRIT v. SPECIAL AGENT IN CHARGE OF FBI, Ronald Satish Emrit filed a new civil case without a lawyer and asked to proceed without paying the filing fee.
A 2014 order barred Emrit from filing new fee-free civil cases in this court unless he first obtained permission. Emrit did not seek that permission before filing this case, which had been transferred from another federal court.
Judge Laura Taylor Swain dismissed the case without prejudice for violating the earlier filing restriction. She also denied fee-free status for any appeal, directed the clerk to terminate pending motions, and ordered judgment entered.
The detailed version
- EMRIT v. SPECIAL AGENT IN CHARGE OF FBI · No. 1:23-cv-00569
- Laura Swain
- Jan. 30, 2023
Background
Ronald Satish Emrit filed this civil action without a lawyer and requested permission to proceed without paying the filing fee. The action was originally filed in the United States District Court for the District of Columbia and was transferred to the Southern District of New York by an order dated December 13, 2022.
The court stated that a May 16, 2014 order barred Emrit from filing any new civil action in the Southern District of New York without paying the filing fee unless he first obtained the court's permission. Emrit had not requested that permission before filing this case. The court also noted that the complaint was virtually identical to complaints in earlier related cases that had been transferred to the Southern District of New York.
Ruling
Under 28 U.S.C. § 1651, the court dismissed the action without prejudice because Emrit failed to comply with the 2014 filing restriction. The court did not address the substance of the complaint.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and therefore denied permission to proceed without paying the filing fee for purposes of an appeal. The clerk was directed to terminate any pending motions and enter judgment dismissing the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.