Christenson v. Davis
- Colleen McMahon
- 1:20-cv-01827
- U.S. District Court · Southern District of New York
- 1
In Christenson v. Davis, Chief Judge McMahon dismissed Mark C. Christenson’s action without prejudice because he lacked permission to file without paying the fee.
Mark C. Christenson’s action was dismissed without prejudice; the opinion does not describe the underlying claims against Jennifer Davis.
What happened
In Christenson v. Davis, Mark C. Christenson filed an action without a lawyer and without paying the filing fee.
An earlier court order barred him from filing new actions without paying the fee unless he first obtained the court’s permission. He had not requested or received that permission for this action.
Chief Judge Colleen McMahon dismissed the action without prejudice because Christenson did not comply with the earlier order. The court also denied him permission to appeal without paying the fee, finding that an appeal would not be taken in good faith.
The detailed version
- Christenson v. Davis · No. 1:20-cv-01827
- Colleen McMahon
- Mar. 3, 2020
Background
Mark C. Christenson filed this action without a lawyer and without prepaying the filing fee. The opinion states that a June 20, 2018 order barred him from filing any new action without prepaying the fee unless he first obtained the court’s permission.
Reason for Dismissal
Christenson had not requested or received permission to file this action. The court therefore dismissed the action under 28 U.S.C. § 1651 for failure to comply with the earlier filing restriction. The dismissal was without prejudice.
Other Ruling
The court directed the Clerk of Court to mail Christenson a copy of the order and record service on the docket. Under 28 U.S.C. § 1915(a)(3), the court certified that an appeal would not be taken in good faith and denied permission to appeal without paying the filing fee.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.