Jackson v. U.S. Secret Services
- Colleen McMahon
- 1:20-cv-06508
- U.S. District Court · Southern District of New York
- 1
In Jackson v. U.S. Secret Services, Judge McMahon dismissed Jackson’s case without prejudice because he filed without the court’s required permission.
Henry Jackson’s case was dismissed without prejudice, and he was denied permission to proceed without paying appellate filing fees.
What happened
In Jackson v. U.S. Secret Services, Henry Jackson filed a new case without a lawyer and asked to proceed without paying filing fees.
A 2019 court order required Jackson to obtain permission before filing any new case without paying filing fees. Jackson did not ask for that permission before filing this case.
The court dismissed the case without prejudice for violating the earlier order. Judge Colleen McMahon also ruled that Jackson could not proceed without paying fees on an appeal because an appeal would not be taken in good faith.
The detailed version
- Jackson v. U.S. Secret Services · No. 1:20-cv-06508
- Colleen McMahon
- Aug. 19, 2020
Background
Henry Jackson filed this case without a lawyer, named U.S. Secret Services as the defendant, and requested permission to proceed without paying filing fees. The court stated that an April 23, 2019 order barred Jackson from filing any new action without paying filing fees unless he first obtained leave, meaning permission, from the court. Jackson did not seek that permission before filing this case.
Ruling
The court dismissed the action without prejudice because Jackson failed to comply with the April 23, 2019 order. The court directed the Clerk of Court to mail Jackson a copy of the order, record service on the docket, and terminate all other pending matters. The court also certified that any appeal would not be taken in good faith and denied Jackson permission to proceed without paying appellate filing fees.
Effect
The dismissal was without prejudice, so the order did not state that refiling was permanently barred. The opinion does not decide the underlying claims against U.S. Secret Services.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.