Franklin v. Carter
- Laura Swain
- 1:25-cv-00231
- U.S. District Court · Southern District of New York
- 1
In Franklin v. Carter, Chief Judge Swain denied four motions without prejudice because the complaint had not yet undergone required screening.
Ephesian Johnny Franklin’s four motions were denied without prejudice, and his fee-waiver status for an appeal was denied. The opinion does not decide the underlying claims against the defendants.
What happened
Ephesian Johnny Franklin, representing himself and receiving a court fee waiver, filed two motions asking for summary judgment and two motions seeking “emergency procedures” in Franklin v. Carter.
The court explained that cases filed with a fee waiver must first be screened to determine whether they are frivolous, fail to state a claim, or seek money from a defendant who is legally immune. Franklin’s complaint had not yet been screened.
Chief Judge Laura Taylor Swain denied the motions without prejudice as premature and directed the Clerk of Court to terminate them. She also denied fee-waiver status for an appeal and certified that any appeal would not be taken in good faith.
The detailed version
- Franklin v. Carter · No. 1:25-cv-00231
- Laura Swain
- May 30, 2025
Background
Ephesian Johnny Franklin filed the case while representing himself and proceeding without prepaying the filing fee. He filed two motions for summary judgment and two motions requesting “emergency procedures.”
Court’s Analysis
The court explained that cases filed without prepaying the filing fee must undergo screening under 28 U.S.C. § 1915(e)(2)(B). During screening, the court determines whether the action is frivolous or malicious, fails to state a claim for relief, or seeks money from a defendant who is immune from such relief. Because Franklin’s complaint had not yet been screened, the court concluded that his motions were premature.
Ruling
Chief United States District Judge Laura Taylor Swain denied the motions without prejudice as premature and directed the Clerk of Court to terminate them. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied Franklin permission to proceed without prepaying the fee for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.