Johnson v. Graphite Solutions, Inc.
- Laura Swain
- 1:25-cv-03184
- U.S. District Court · Southern District of New York
- 1
In Johnson v. Graphite Solutions, Judge Swain dismissed the complaint without prejudice after Johnson neither filed an IFP application nor paid the required fees.
Danielle Johnson's complaint against Graphite Solutions, Inc. was dismissed without prejudice because she did not file the required fee-waiver application or pay the filing fees. Her request to appeal without paying fees was also denied.
What happened
In Johnson v. Graphite Solutions, Inc., the court had ordered Danielle Johnson to either submit an application to proceed without paying filing fees or pay the $405 required to file a civil case.
Johnson did neither within the time allowed by the court. The order therefore dismissed her complaint without prejudice, meaning the dismissal did not bar refiling.
Chief Judge Laura Taylor Swain also denied Johnson permission to appeal without paying fees, finding that any appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
The detailed version
- Johnson v. Graphite Solutions, Inc. · No. 1:25-cv-03184
- Laura Swain
- June 18, 2025
Background
By an order dated April 25, 2025, the court directed Danielle Johnson to submit a completed application to proceed without paying filing fees or to pay the $405 filing fee required for a civil action. The court warned that failing to comply would result in dismissal of the complaint.
Court’s Action
The opinion states that Johnson did not file the application or pay the required fees. The court therefore dismissed the complaint without prejudice. The opinion does not address the underlying claims against Graphite Solutions, Inc.
Appeal and Judgment
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to appeal without paying fees. It also directed the Clerk of Court to enter judgment. Chief United States District Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.