Alexander v. BRC

Background

The action was filed in Liam Alexander’s name, but the court found that Sean Finnegan had filed it. The opinion states that this was the fourth action the court had received from Finnegan. Finnegan was barred from bringing a new action without paying the filing fee unless the court granted permission.

Finnegan submitted an application to proceed without paying the filing fee, listing Alexander as the plaintiff. In earlier related proceedings, the court found that Finnegan had also filed actions in Alexander’s name. The court had compared addresses, handwriting, and claims in reaching that conclusion. In one earlier proceeding, the court gave Alexander an opportunity to explain why the action should not be dismissed under the filing bar, but the order was returned as undeliverable and Finnegan did not respond. In another, the court gave Finnegan 14 days to challenge the court’s conclusion, but he did not respond.

Court’s ruling

The court concluded that Finnegan had brought this action in Alexander’s name and had sought permission to proceed without paying the filing fee in Alexander’s name. Because Finnegan did not comply with the prefiling injunction—the order restricting his ability to file new cases—the court dismissed the action without prejudice under the earlier filing bar.

The court certified that an appeal would not be taken in good faith and denied permission to proceed without paying the filing fee for purposes of an appeal. The court directed the clerk to enter judgment.