Emrit v. Combs
- Laura Swain
- 1:24-cv-03624
- U.S. District Court · Southern District of New York
- 2
In Emrit v. Combs, Chief Judge Swain dismissed the action without prejudice because Emrit did not obtain required filing permission.
Ronald Satish Emrit, whose action was dismissed without prejudice for failing to obtain required permission before proceeding without paying the filing fee; the defendants were not reached on the merits.
What happened
In Emrit v. Combs, Ronald Satish Emrit filed an action without a lawyer and sought permission to proceed without paying the filing fee. The Northern District of New York transferred the action to the Southern District of New York.
A 2014 order had barred Emrit from filing future civil actions without paying the fee unless he first obtained permission from the court. He did not seek that permission from either court.
Chief Judge Laura Taylor Swain dismissed the action without prejudice, denied the pending motions as moot, denied permission to appeal without paying the fee, and directed the Clerk to enter judgment.
The detailed version
- Emrit v. Combs · No. 1:24-cv-03624
- Laura Swain
- May 13, 2024
Background
Ronald Satish Emrit filed this action without a lawyer in the United States District Court for the Northern District of New York and sought to proceed without paying the filing fee. On May 6, 2024, that court transferred the action to the Southern District of New York.
In an order entered in a prior related proceeding, No. 1:14-CV-0314 (S.D.N.Y.), the court 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 that permission from the transferor court or the Southern District of New York.
Ruling
The court dismissed the action without prejudice because Emrit failed to comply with the 2014 filing-permission requirement. The court denied all pending motions as moot, meaning that it found no need to decide them after dismissing the action.
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 appeal without paying the filing fee. It directed the Clerk of Court to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.