Purisima v. Encore Community Services
- Laura Swain
- 1:23-cv-07727
- U.S. District Court · Southern District of New York
- 1
Purisima v. Encore Community Services was dismissed without prejudice after Judge Swain found Purisima filed without required permission to proceed without paying filing fees.
Anton Purisima's action was dismissed without prejudice; the opinion does not adjudicate the underlying claims against Encore Community Services or the other defendants.
What happened
In Purisima v. Encore Community Services, Anton Purisima filed a new case without a lawyer and asked to proceed without paying the filing fee. A 2013 court order required him to get permission before filing any new case under that procedure.
Purisima had not asked for that permission before filing this case. The opinion therefore does not address the underlying claims against Encore Community Services or the other defendants.
The court dismissed the case without prejudice for failing to follow the earlier order. Judge Laura Taylor Swain also denied Purisima permission to appeal without paying the filing fee and directed the Clerk of Court to enter judgment.
The detailed version
- Purisima v. Encore Community Services · No. 1:23-cv-07727
- Laura Swain
- Aug. 31, 2023
Background
Anton Purisima filed this new case without a lawyer and requested permission to proceed without paying the filing fee. The opinion states that a May 29, 2013 order barred Purisima from filing any new action under that procedure unless he first obtained the Court's permission to file. Purisima had not sought that permission before filing this action.
Ruling
The court dismissed the action without prejudice because Purisima failed to comply with the May 29, 2013 order. The dismissal was based on that filing restriction, and the opinion does not decide the underlying claims against Encore Community Services or the other defendants.
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 the filing fee and directed the Clerk of Court to enter judgment. Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.