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, Judge Swain denied Emrit’s joinder motion as moot because the case was closed.
Ronald Satish Emrit’s motion for joinder was denied as moot. The clerk was directed to reject further filings under the closed case number except papers directed to the Second Circuit, and filing-fee-free status was denied for an appeal.
What happened
In Emrit v. Special Agent in Charge of FBI Field Office in Southern District of New York (SDNY), the court had dismissed the action without prejudice because Ronald Satish Emrit did not follow an order requiring permission before filing certain new actions without paying filing fees. The court entered judgment the next day.
The court later received Emrit’s motion under Rule 19, a rule about joining parties or claims, concerning a matter in Rhode Island. Because this case was closed and Emrit gave no reason to disturb the earlier dismissal and judgment, the court denied the motion as moot, meaning there was no live issue for the court to decide.
Chief Judge Laura Taylor Swain also directed the clerk not to accept further filings under the closed case number, except papers directed to the U.S. Court of Appeals for the Second Circuit. Judge Swain ruled that any appeal would not be taken in good faith and denied filing-fee-free status for an appeal.
The detailed version
- Emrit v. Special Agent in Charge of FBI Field Office in Southern District of… · No. 1:22-cv-09832
- Laura Swain
- May 18, 2023
Background
On December 1, 2022, the court dismissed this action without prejudice because Ronald Satish Emrit had not complied with a May 16, 2014, order. That earlier order barred him from filing any new action in the Southern District of New York without paying filing fees unless he first obtained the court’s permission. The court entered judgment on December 2, 2022.
Motion and ruling
On May 9, 2023, the court received Emrit’s motion for joinder under Rule 19 of the Federal Rules of Civil Procedure. The motion concerned a matter in Rhode Island. The court stated that the case was closed and that Emrit had not identified a basis for disturbing the December 1, 2022, dismissal and civil judgment.
The court denied Emrit’s Motion for Joinder as moot. The order therefore did not address whether joinder was legally proper. The classification is procedural because the court resolved the motion based on the closed status of the case rather than deciding the underlying dispute.
Additional orders
The clerk was directed not to accept further submissions under this closed case number, except papers directed to the United States Court of Appeals for the Second Circuit. The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied filing-fee-free status for purposes of an appeal.
Chief United States District Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.