In Re: Ferris A. Christian, Sr.

Background

Ferris Christian, Sr., representing himself, filed a notice of appeal from a December 5, 2024 judgment entered by the United States Bankruptcy Court for the Southern District of New York. The District Court ordered him to serve and file a brief supporting the appeal by February 27, 2025.

Instead of filing an appeal brief, Christian submitted a labor standards complaint concerning alleged unpaid wages and unfair labor practices involving a non-party. He later sought a subpoena directed to Wells Fargo Bank and identified two people who were not parties to the appeal as defendants. The court explained that these filings did not address the only issue before it: the appeal from the bankruptcy-court judgment.

Deadline and ruling

On March 6, 2025, the court extended Christian’s briefing deadline by two weeks, until March 13, 2025, because he was representing himself. The court warned that it did not expect to extend the deadline again and that failure to file the brief would result in dismissal without prejudice.

Christian did not file a supporting brief by March 13 and submitted nothing to the court after the deadline-extension order. The court therefore dismissed the action without prejudice. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. The Clerk of Court was directed to mail the order to Christian by certified mail and close the case.

Effect of the order

The order ended this District Court appeal without deciding the merits of the underlying bankruptcy judgment. Because the dismissal was without prejudice, the order’s stated disposition did not bar refiling. The opinion does not explain whether any separate deadline or other requirement would apply to a new filing.