Johnson v. Trump
- Laura Swain
- 1:25-cv-00607
- U.S. District Court · Southern District of New York
- 4
In Johnson v. Trump, Judge Swain ordered Alexander Johnson to pay filing fees or submit an application to proceed without prepaying them.
Alexander Johnson must either pay $405 in fees or submit a completed and signed application to proceed without prepaying fees within 30 days. Until then, the case will not proceed, and no summons will issue or answer will be required. Donald J. Trump is not required to respond at this stage.
What happened
In Johnson v. Trump, Alexander Johnson submitted this civil action to the court by email. The order did not address the claims against Donald J. Trump.
The court ordered Johnson, within 30 days, either to pay $405 in fees or submit a signed application to proceed without prepaying fees. The case will not proceed, and no summons or answer will be required, until one of those submissions is received.
Judge Laura Taylor Swain stated that failure to comply, or to request more time, would result in the action being dismissed without prejudice to refiling. She also denied permission to appeal without prepaying fees because any appeal would not be taken in good faith.
The detailed version
- Johnson v. Trump · No. 1:25-cv-00607
- Laura Swain
- Jan. 28, 2025
Background
Alexander Johnson submitted the action to the U.S. District Court for the Southern District of New York by email. The order concerns the requirements for starting the civil case; it does not discuss the substance of Johnson's claims against Donald J. Trump.
Fee or IFP requirement
The court explained that a plaintiff must either pay the required fees or request permission to proceed without prepaying them. It ordered Johnson, within 30 days of January 28, 2025, to do one of two things: pay $405 in fees, consisting of a $350 filing fee and a $55 administrative fee, or complete, sign, and submit the attached application to proceed without prepaying fees. The court stated that no further action would be taken, and no summons would issue or answer would be required, until the payment or completed application was received.
If Johnson complied, the case would be processed under the Clerk's Office procedures. If the court granted the application, Johnson would be allowed to proceed without prepaying fees. If he failed to comply or failed to request an extension of time, the action would be dismissed without prejudice to refiling.
Appeal
The court certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
Ruling
Judge Laura Taylor Swain ordered Johnson to pay the fees or submit a completed and signed application to proceed without prepaying them. The order did not decide the merits of the case.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.