Christenson v. Davis
- Colleen McMahon
- 1:20-cv-01831
- U.S. District Court · Southern District of New York
- 1
In Christenson v. Davis, Judge McMahon dismissed the action without prejudice because Christenson lacked required permission to file without paying fees.
Mark C. Christenson's action was dismissed without prejudice, and he was denied permission to appeal without prepaying the filing fees.
What happened
In Christenson v. Davis, Mark C. Christenson filed a new action without a lawyer and without paying the filing fees. An earlier court order barred him from filing any new action without paying fees unless he first obtained the court’s permission.
Christenson had not requested or received that permission before filing this case. The court therefore dismissed the action without prejudice for violating the earlier order.
Judge Colleen McMahon also ruled that an appeal would not be taken in good faith and denied Christenson permission to appeal without paying the filing fees.
The detailed version
- Christenson v. Davis · No. 1:20-cv-01831
- Colleen McMahon
- Mar. 3, 2020
Background
Mark C. Christenson filed this action against Jennifer Davis without a lawyer and without prepaying the filing fees. The opinion states that, in a prior related proceeding, the court barred Christenson from filing any new action without prepaying fees unless he first obtained the court’s permission.
Reason for Dismissal
Christenson had not requested or received the required permission before filing this action. The court dismissed the case without prejudice because he failed to comply with the earlier filing restriction. The court did not address the underlying claims.
Ruling
Chief United States District Judge Colleen McMahon ordered the dismissal without prejudice. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without prepaying the filing fees. The Clerk of Court was directed to mail Christenson a copy of the order and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.