Johnson v. The Fairways at Timber Banks
- Laura Swain
- 1:25-cv-02209
- U.S. District Court · Southern District of New York
- 1
Johnson v. The Fairways at Timber Banks was dismissed without prejudice for filing without required leave, Judge Swain ruled.
Robert W. Johnson's case was dismissed without prejudice because he filed without first obtaining the permission required by the court's earlier order. The Fairways at Timber Banks was the defendant in the dismissed action.
What happened
In Johnson v. The Fairways at Timber Banks, Robert W. Johnson filed a new civil case without a lawyer and asked to proceed without paying the filing fee. A 2020 court order required him to get permission before filing any new civil case without paying that fee.
Johnson had not asked for that permission. The court therefore dismissed the case without prejudice because he did not follow the earlier order.
Judge Laura Taylor Swain also denied permission to proceed without paying the filing fee for any appeal, finding that an appeal would not be taken in good faith. The clerk was directed to enter judgment.
The detailed version
- Johnson v. The Fairways at Timber Banks · No. 1:25-cv-02209
- Laura Swain
- Mar. 25, 2025
Background
Robert W. Johnson filed this new civil action without a lawyer and requested permission to proceed without paying the filing fee. The opinion states that, on July 10, 2020, the court had barred Johnson from filing any new civil action in that court without paying the fee unless he first obtained the court's permission. The earlier order was entered in a prior related proceeding.
Reason for dismissal
Johnson had not requested permission before filing this action. The court dismissed the action without prejudice under 28 U.S.C. § 1651 because he failed to comply with the court's July 10, 2020 order. The opinion does not address the merits of Johnson's claims against The Fairways at Timber Banks.
Other rulings
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without paying the filing fee for an appeal. The court also directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.