Christenson v. Johnson
| Mark C. Christenson |
| Erick Johnson |
| 1:2019cv09625 |
| October 15, 2019 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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This docket was last retrieved on November 8, 2019. A more recent docket listing may be available from PACER.
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| Received returned mail re: Mailed Order by USPS on 10/22/2019. Mail was addressed to Mark C. Christenson at 11313 19th Ave. NE, Seattle, WA 98125 and was returned for the following reason(s): Attempted - Not Known. (va) |
| Mailed a copy of #2 Order of Dismissal, #3 Judgment - Sua Sponte (Complaint), Notice of Appeal Forms, to Mark C. Christenson 11313 19th Ave. NE Seattle, WA 98125. (vba) |
Filing 3
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED that under the Court's June 20, 2018 order in Christenson v. Roe, ECF 1:18-CV-3319, 3, this action is dismissed without prejudice. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from the Court's judgment would not be taken in good faith. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this judgment to Plaintiff and note service on the docket. (Signed by Judge Colleen McMahon on 10/21/2019) (Attachments: #1 Pro Se Appeal Package) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 2
ORDER OF DISMISSAL UNDER 28 U.S.C. 1651: On June 20, 2018, the Court barred Plaintiff from filing any new civil action in this Court in forma pauperis (IFP) without first obtaining from the Court leave to file. See Christenson v. Roe, ECF 1:18-CV-3319, 3 (S.D.N.Y. June 20, 2018). Plaintiff has neither paid the relevant fees to bring this action nor filed an application to proceed IFP. Because Plaintiff has not paid the fees, the only other way he can proceed is by seeking IFP status. See 28 U.S.C. 1914, 1915. The Court therefore understands this action as one in which Plaintiff seeks to proceed IFP. But because he has not sought the Court's leave to proceed with this action IFP, the Court dismisses this action without prejudice for failure to comply with the Court's June 20, 2018 order in Christenson, ECF 1:18-CV-3319, 3. The Court directs the Clerk of Court to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Colleen McMahon on 10/21/2019) (sac) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing.
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| NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (sac) |
| Transmission to Office of the Clerk of Court. Transmitted re: #2 Order of Dismissal, to the Office of the Clerk of Court for processing. (sac) |
| Filing 1 COMPLAINT against Erick Johnson. Document filed by Mark C. Christenson. (sac) |
| Case Designated ECF. (sac) |
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| Plaintiff: Mark C. Christenson | |
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| Defendant: Erick Johnson | |
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