Mobley v. United States as a New York Citizen
- Colleen McMahon
- 1:20-cv-06854
- U.S. District Court · Southern District of New York
- 1
In Mobley v. United States as a New York Citizen, Chief Judge McMahon dismissed the case without prejudice because Mobley lacked required filing permission.
Dwayne Keith Mobley, whose action was dismissed without prejudice for failing to obtain the permission required by an earlier court order; the order also denied him permission to proceed without paying filing fees on appeal.
What happened
In Mobley v. United States as a New York Citizen, Dwayne Keith Mobley sued the United States as a New York Citizen and the State of North Carolina. He filed the case without a lawyer and asked to proceed without paying filing fees.
An earlier court order barred Mobley from filing any new case without paying filing fees unless he first obtained the court’s permission. Mobley had not asked for that permission before filing this case.
Chief United States District Judge Colleen McMahon dismissed the case without prejudice because Mobley did not follow the earlier order. The court also said an appeal would not be taken in good faith and denied Mobley permission to proceed without paying fees on appeal.
The detailed version
- Mobley v. United States as a New York Citizen · No. 1:20-cv-06854
- Colleen McMahon
- Aug. 26, 2020
Background
Dwayne Keith Mobley sued the United States as a New York Citizen and the State of North Carolina. The opinion states that Mobley was representing himself and sought permission to proceed without paying filing fees.
On October 21, 2014, the court had barred Mobley from filing any new action without paying filing fees unless he first obtained leave of court—that is, permission from the court to file. The opinion states that Mobley did not seek that permission before filing this action.
Ruling
Chief United States District Judge Colleen McMahon dismissed the action without prejudice under 28 U.S.C. § 1651 because Mobley failed to comply with the October 21, 2014 order. The opinion’s use of “without prejudice” means the dismissal did not itself bar refiling.
The court directed the Clerk of Court to mail Mobley a copy of the order and record service on the docket. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied Mobley permission to proceed without paying filing fees for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.