Johnson v. Kueviakoe
- Laura Swain
- 1:25-cv-00173
- U.S. District Court · Southern District of New York
- 1
In Johnson v. Kueviakoe, Judge Swain dismissed the action without prejudice because Johnson filed without required court permission.
Robert W. Johnson's action against Freda Kueviakoe was dismissed without prejudice. Johnson was also denied permission to proceed without paying the filing fee on appeal.
What happened
Johnson v. Kueviakoe was filed by Robert W. Johnson without a lawyer. A 2020 court order barred him from filing a new civil action in this court without paying the filing fee unless he first obtained permission from the court. Johnson requested permission to proceed without paying the fee but did not first seek the required permission to file.
The court dismissed the action without prejudice, meaning the dismissal did not bar refiling. The court also ruled that any appeal would not be taken in good faith and denied Johnson permission to proceed without paying the appeal fee.
Judge Laura Taylor Swain ordered the Clerk of Court to enter judgment. The ruling did not address the underlying dispute between Johnson and Freda Kueviakoe.
The detailed version
- Johnson v. Kueviakoe · No. 1:25-cv-00173
- Laura Swain
- Mar. 10, 2025
Background
The opinion states that, on July 10, 2020, the court barred Robert W. Johnson from filing any new civil action in the Southern District of New York without paying the filing fee unless he first obtained leave from the court. Johnson filed this action against Freda Kueviakoe, sought permission to proceed without paying the filing fee, and did not seek the required leave before filing.
Ruling
Under 28 U.S.C. § 1651, the court dismissed the action without prejudice because Johnson failed to comply with the 2020 filing restriction. The opinion does not address the merits of the dispute between Johnson and Kueviakoe.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied Johnson permission to proceed without paying the filing fee for an appeal. It directed the Clerk of Court to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.