Emrit v. FBI
- Laura Swain
- 1:23-cv-02540
- U.S. District Court · Southern District of New York
- 2
In Emrit v. FBI, Judge Swain dismissed the action without prejudice for violating a prior filing restriction and denied pending motions as moot.
Ronald Satish Emrit, the plaintiff, and the defendant identified in the caption as the Special Agent in Charge of the FBI Field Office in the Southern District of New York.
What happened
In Emrit v. FBI, Ronald Satish Emrit filed the action without a lawyer and initially sought permission to proceed without paying the filing fee in the District of Connecticut. That court transferred the action to the Southern District of New York.
A 2014 order had barred Emrit from filing future cases without paying the filing fee in that court unless he first obtained permission. Emrit did not seek that permission from either court, so the court dismissed this action without prejudice. It also denied all pending motions as moot.
Judge Laura Taylor Swain directed the clerk to enter judgment. She also ruled that an appeal would not be taken in good faith and denied fee-free status for any appeal.
The detailed version
- Emrit v. FBI · No. 1:23-cv-02540
- Laura Swain
- Apr. 4, 2023
Background
Ronald Satish Emrit filed this action without a lawyer in the United States District Court for the District of Connecticut, where he sought permission to proceed without paying the filing fee. That court transferred the action to the Southern District of New York by order dated February 14, 2023.
In a prior order dated May 16, 2014, the Southern District of New York had barred Emrit from filing any future civil action without paying the filing fee unless he first obtained the court’s permission to file. Emrit did not seek permission from the District of Connecticut or the Southern District of New York.
Ruling
The court dismissed the action without prejudice because Emrit failed to comply with the 2014 filing restriction. The court denied all pending motions as moot, meaning they no longer required a decision after the dismissal.
The court also 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. It directed the clerk to enter judgment.
Effect of the Order
The dismissal was without prejudice, as stated by the court. The opinion does not describe the underlying claims against the defendant or decide their merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.