Emrit v. Secretary of the Army

District Court, S.D. New York

Emrit v. Secretary of the Army

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RONALD SATISH EMRIT, Plaintiff, 23-CV-2547 (LTS) -against- ORDER OF DISMISSAL SECRETARY OF THE ARMY, UNDER

28 U.S.C. § 1651

Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: On May 16, 2014, Plaintiff was barred from filing any new action in forma pauperis (IFP) without first obtaining from the Court leave to file. See Emrit v. AOL Time Warner, ECF 1:14-CV-0314, 13 (S.D.N.Y. May 16, 2014). Plaintiff files this new pro se case, seeks IFP status, and has not sought leave from the Court.1 The Court therefore dismisses the action without prejudice for Plaintiff’s failure to comply with the May 16, 2014, order. The Court certifies, pursuant to

28 U.S.C. § 1915

(a)(3), that any appeal from this order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States,

369 U.S. 438, 444-45

(1962).

1 Plaintiff originally filed this action in the United States District Court for the Western District of New York, and by order dated March 10, 2023, that court transferred the action to this court. (ECF 3.) Plaintiff’s complaint is virtually identical to previously filed complaints that have been transferred to this District. See Emrit v. FBI, ECF 1:23-CV-2540, 1 (S.D.N.Y.) (pending); Emrit v. Special Agent, ECF 1:23-CV-0569, 7 (S.D.N.Y. Jan. 30, 2023) (dismissing without prejudice, under

28 U.S.C. § 1651

, complaint filed in the United States District Court for the District of Columbia); Emrit v. Special Agent, ECF 1:22-CV-10804, 6 (S.D.N.Y. Dec. 27, 2022) (dismissing without prejudice, under

28 U.S.C. § 1651

, complaint filed in the United States District Court for the Eastern District of Pennsylvania); Emrit v. Special Agent, ECF 1:22-CV- 10740, 9 (S.D.N.Y. Dec. 21, 2022) (dismissing without prejudice, under

28 U.S.C. § 1651

, complaint filed in the United States District Court for the Northern District of New York); Emrit v. Special Agent, ECF 1:22-CV-9832, 6 (S.D.N.Y. Dec. 1, 2022) (dismissing without prejudice, under

28 U.S.C. § 1651

, complaint filed in the United States District Court for the Eastern District of New York), appeal dismissed, No. 22-3173 (2d Cir. Jan. 19, 2023). The Clerk of Court is directed to enter judgment in this action. SO ORDERED. Dated: March 27, 2023 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

Reference

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