Christenson v. Flyn
- Colleen McMahon
- 1:20-cv-02145
- U.S. District Court · Southern District of New York
- 1
In Christenson v. Flyn, Judge McMahon dismissed the action without prejudice because Christenson did not obtain required filing permission or pay fees.
Mark C. Christenson, whose action was dismissed without prejudice for failing to obtain the required permission or pay the filing fees.
What happened
In Christenson v. Flyn, Mark C. Christenson filed a new case without a lawyer. The court assumed he wanted permission to proceed without paying filing fees, but he neither requested that permission nor paid the required fees.
A June 20, 2018 order barred Christenson from filing a new case without paying fees unless he first obtained the court’s permission to proceed without payment. The court dismissed this case because he did not follow that earlier order.
Judge Colleen McMahon dismissed the action without prejudice, meaning the dismissal did not itself bar refiling. She also ruled that any appeal would not be taken in good faith and denied permission to proceed without paying appeal fees.
The detailed version
- Christenson v. Flyn · No. 1:20-cv-02145
- Colleen McMahon
- Mar. 13, 2020
Background
A June 20, 2018 order barred Mark C. Christenson from filing any new civil action without first obtaining the court’s permission to proceed without paying filing fees. In this case, Christenson filed a new action without a lawyer. He did not request that permission and did not pay the required fees. The court assumed, for purposes of this order, that he sought to proceed without paying fees.
Reasoning
The court concluded that Christenson had not complied with the June 20, 2018 order because he filed the new action without first seeking the required permission. The opinion does not address the underlying claims against Maureen Flyn.
Disposition
Judge Colleen McMahon dismissed the action without prejudice for failure to comply with the earlier order. The Clerk of Court was directed to mail the order to Christenson and record service on the docket. The court also certified that any appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.