Sun v. Cohen
- Colleen McMahon
- 1:21-cv-00469
- U.S. District Court · Southern District of New York
- 1
In Sun v. Cohen, Judge McMahon dismissed the case without prejudice because Sun filed it without required court permission.
Xiu Jian Sun, whose action was dismissed without prejudice and whose request to appeal without paying court fees was denied; the opinion does not impose a merits ruling on the defendants.
What happened
In Sun v. Cohen, Xi Jian Sun sued David B. Cohen and others in the Southern District of New York. Sun filed the case without a lawyer.
The court had previously ordered Sun not to file a new action without first obtaining permission. Sun did not seek that permission before filing this case.
Judge McMahon dismissed the action without prejudice for violating the earlier order. She also denied Sun permission to proceed without paying court fees on an appeal, after certifying that an appeal would not be taken in good faith.
The detailed version
- Sun v. Cohen · No. 1:21-cv-00469
- Colleen McMahon
- Jan. 20, 2021
Background
Xiu Jian Sun filed this action against David B. Cohen and others without a lawyer. The opinion states that, on August 21, 2018, the court had barred Sun from filing any new action without first obtaining permission from the court. The opinion also states that the United States Court of Appeals for the Second Circuit and the United States District Court for the Eastern District of New York had imposed similar filing restrictions on Sun under 28 U.S.C. § 1651.
Ruling
Sun filed this new action without asking for the required permission. The court therefore dismissed the action without prejudice because Sun failed to comply with the August 21, 2018 order. The dismissal was based on the filing restriction; the opinion did not decide the underlying claims.
Appeal-related ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied Sun permission to appeal without paying the required court fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.