Christenson v. Fang
- Colleen McMahon
- 1:20-cv-04833
- U.S. District Court · Southern District of New York
- 1
In Christenson v. Fang, Judge McMahon dismissed the action without prejudice because Christenson filed without fees and lacked required court permission.
Mark C. Christenson’s action was dismissed without prejudice; Katy Fang was the named defendant, but the court did not reach the underlying claims.
What happened
In Christenson v. Fang, Mark C. Christenson filed a new case without a lawyer and without paying the filing fees.
An earlier court order barred Christenson from filing any new action without paying fees unless he first obtained the court’s permission. He did not request or receive that permission before filing this case.
Judge Colleen McMahon dismissed the case without prejudice for violating the earlier order. She also ruled that an appeal would not be taken in good faith and denied Christenson permission to appeal without paying fees.
The detailed version
- Christenson v. Fang · No. 1:20-cv-04833
- Colleen McMahon
- June 24, 2020
Background
Mark C. Christenson filed this action without a lawyer and without prepaying the filing fees. The opinion states that an earlier order barred him from filing any new action without paying 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 therefore dismissed the case without prejudice under 28 U.S.C. § 1651 for failing to comply with the earlier order. The dismissal did not reach the underlying claims against Katy Fang.
Other ruling
Judge Colleen McMahon directed the Clerk of Court to mail Christenson a copy of the order and record service on the docket. The court 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 paying filing fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.