Johnson v. 101 Hands On
- Laura Swain
- 1:24-cv-07930
- U.S. District Court · Southern District of New York
- 2
In Johnson v. 101 Hands On, Chief Judge Swain dismissed the action without prejudice because Robert W. Johnson violated a prior filing restriction.
The dismissal affected the action captioned in the names of Warner Music Group Corporation and Willie Johnson, Esq.; the court stated that Robert W. Johnson was the person actually bringing the action and had not obtained the permission required by an earlier filing restriction.
What happened
Johnson v. 101 Hands On was captioned as an action by Warner Music Group Corporation and Willie Johnson, Esq. The complaint was signed by Willie Johnson, Esq., but it referred to Robert W. Johnson, and Robert signed the application asking to proceed without paying the filing fee. The court concluded that Robert W. Johnson was actually bringing the case.
A 2020 order in a prior related proceeding barred Robert W. Johnson from filing future civil actions in this court without paying the fee unless he first obtained permission. He filed this action without requesting that permission. The court therefore dismissed the action without prejudice for violating that order.
Chief Judge Swain also ruled that an appeal would not be taken in good faith and denied fee-waiver status for any appeal. She directed the Clerk of Court to enter judgment dismissing the action and to mail the order, judgment, and appeal instructions to Robert W. Johnson.
The detailed version
- Johnson v. 101 Hands On · No. 1:24-cv-07930
- Laura Swain
- Mar. 7, 2025
Background
The caption identified Warner Music Group Corporation and Willie Johnson, Esq. as plaintiffs. The complaint was signed by “Willie Johnson, Esq.,” but it mentioned Robert W. Johnson. The accompanying application to proceed without paying the filing fee was signed by Robert W. Johnson. Based on those facts, the court stated that it appeared Robert W. Johnson, rather than the two named plaintiffs, actually brought the action.
The court had previously barred Robert W. Johnson from filing future civil actions in the Southern District of New York without first obtaining permission to proceed without paying the filing fee. The opinion refers to that matter as a prior related proceeding and identifies it as No. 1:19-CV-7337. Robert W. Johnson filed this new civil action and sought that fee waiver, but he did not seek the required permission.
Ruling
The court dismissed the action without prejudice because Robert W. Johnson failed to comply with the earlier filing restriction. The court did not reach the underlying claims. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. Chief United States District Judge Laura Taylor Swain directed the Clerk of Court to enter judgment dismissing the action and to mail the order, judgment, and appeal instructions to Robert W. Johnson at the address listed for “Willie Johnson, Esq.” in the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.