In Re: Ferris A. Christian, Sr.

Background

On January 21, 2025, pro se appellant Ferris A. Christian, Sr. 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 Christian to serve and file a brief supporting the appeal by February 27, 2025.

Instead of filing an appeal brief, Christian submitted a letter attaching a labor-standards complaint form concerning alleged unpaid wages and unfair labor practices by a non-party. He later filed an application for a subpoena directed to Wells Fargo Bank that purported to name two nonparties as defendants, followed by an affidavit of service. The court stated that these filings were unrelated to the bankruptcy appeal and would not be acted on.

Deadlines and Disposition

On March 6, 2025, the court reminded Christian that he had not submitted anything related to the appeal and extended the briefing deadline by two weeks, to March 13, 2025, because he was representing himself. The court warned that failing to file a brief by that date would result in dismissal of the case without prejudice. Christian filed nothing by the extended deadline.

The court dismissed the action without prejudice and closed the case on March 17, 2025. On March 28, Christian filed a document purporting to be a motion for approval of a reaffirmation agreement. Because the case was closed after Christian repeatedly failed to meet the briefing deadlines, the court declined to act on that motion or on later filings and directed the Clerk of Court to terminate the pending motion.

Appeal Status

Judge Gregory H. Woods certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. The court therefore denied fee-free appeal status for an appeal from this order. The opinion does not decide the merits of Christian’s underlying bankruptcy appeal.