Johnson v. Otis Bantum Correctional Facility
- Laura Swain
- 1:24-cv-09629
- U.S. District Court · Southern District of New York
- 2
Johnson v. Otis Bantum Correctional Facility: Judge Swain dismissed Johnson’s complaint without prejudice because he neither paid filing fees nor submitted required forms.
Paul Johnson’s complaint was dismissed without prejudice. The opinion does not identify the claims or decide the merits, and it denies permission to appeal without paying fees.
What happened
In Johnson v. Otis Bantum Correctional Facility, the court ordered Paul Johnson to submit forms requesting permission to proceed without paying the filing fee and authorizing deductions from a prisoner account, or to pay the required $405 filing fees.
The court’s order was returned as undeliverable, and Johnson did not submit the forms, pay the fees, or otherwise contact the court. The court therefore dismissed his complaint without prejudice, without deciding the underlying claims.
Judge Laura Taylor Swain directed the clerk to enter judgment and denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Johnson v. Otis Bantum Correctional Facility · No. 1:24-cv-09629
- Laura Swain
- Jan. 27, 2025
Background
On December 17, 2024, the court directed Paul Johnson to provide, within 30 days, a completed application to proceed without paying the filing fee and a prisoner authorization, or to pay the $405 required to file a civil action. The order warned that failing to comply would result in dismissal.
On January 21, 2025, the court received notice from the U.S. Postal Service that the December 17 order could not be delivered. Johnson had not submitted the required application or authorization, paid the fees, or otherwise communicated with the court.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. Because the dismissal was based on failure to satisfy the filing-fee and required-form requirements, the court did not decide the underlying claims. “Without prejudice” means the dismissal did not bar a new filing based on the same claims.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying fees. Judge Laura Taylor Swain directed the clerk to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.