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S.D.N.Y.Procedural orderFiled Sept. 22, 2023

Purisima v. New Jersey Transit Corp.

Judge
Laura Swain
Docket
1:23-cv-08226
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedurePro Se
In one sentence

In Purisima v. New Jersey Transit, Judge Swain dismissed the case without prejudice because Purisima lacked required permission to file without paying fees.

Who this affects

Anton Purisima's new case against New Jersey Transit Corp. and the other named defendants was dismissed without prejudice. The court's filing restriction and its denial of permission to proceed without paying the filing fee on appeal directly affected Purisima.

What happened

In Purisima v. New Jersey Transit Corp., Anton Purisima filed a new case without a lawyer and asked to proceed without paying the filing fee. The opinion does not describe the underlying claims.

A 2013 court order barred Purisima from filing any new case without paying the filing fee unless he first obtained permission from the court. He had not requested that permission before filing this case.

Chief Judge Laura Taylor Swain dismissed the case without prejudice for violating the 2013 order. She also denied permission to proceed without paying the filing fee on appeal and directed the Clerk of Court to enter judgment.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Purisima v. New Jersey Transit Corp. · No. 1:23-cv-08226
Judge
Laura Swain
Date
Sept. 22, 2023

Background

Anton Purisima filed this new case without a lawyer against New Jersey Transit Corp. and other defendants. He requested permission to proceed without paying the filing fee.

The opinion states that, on May 29, 2013, the court had barred Purisima from filing any new action without paying the filing fee unless he first obtained leave from the court. Purisima had not sought that leave before filing this action. The opinion does not describe the underlying claims.

Ruling

Under 28 U.S.C. § 1651, Chief Judge Laura Taylor Swain dismissed the action without prejudice because Purisima failed to comply with the May 29, 2013 order. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying the filing fee for an appeal. The Clerk of Court was directed to enter judgment.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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