Christenson v. Flyn
- Colleen McMahon
- 1:20-cv-06729
- U.S. District Court · Southern District of New York
- 1
In Christenson v. Flyn, Judge McMahon dismissed the case without prejudice because Christenson had not obtained required filing permission.
Mark C. Christenson’s action was dismissed without prejudice. The order also denied him permission to appeal without paying filing fees. The opinion does not describe the underlying claims against Maureen Flyn.
What happened
Christenson v. Flyn involved Mark C. Christenson’s new case filed without a lawyer. The court treated him as seeking to proceed without paying filing fees.
A 2018 court order had barred Christenson from filing another case without paying fees or first obtaining permission. He did neither in this case.
Judge Colleen McMahon dismissed the action without prejudice for violating the earlier order. She also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Christenson v. Flyn · No. 1:20-cv-06729
- Colleen McMahon
- Aug. 26, 2020
Background
Mark C. Christenson filed this new case without a lawyer. The opinion says that, on June 20, 2018, the court had barred him from filing any new action without paying the filing fees or first obtaining the court’s permission to proceed without paying them. The earlier order is cited as a prior related proceeding.
Christenson did not ask for permission to file this action, and he did not pay the filing fees. The court assumed, for purposes of this order, that he was seeking to proceed without paying the fees.
Ruling
Chief United States District Judge Colleen McMahon dismissed the action without prejudice because Christenson had not complied with the June 20, 2018 order. The order directed the Clerk of Court to mail Christenson a copy and record service on the docket.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied Christenson permission to appeal without paying fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.