Johnson v. Arnell

Background

Darryl A. Johnson, who is incarcerated at Riker's Island West Facility, filed this civil action without a lawyer. He submitted an application to proceed without prepaying court fees, commonly called permission to proceed without prepayment, but did not submit the required prisoner authorization.

Requirements imposed by the order

The court explained that a prisoner filing a civil action must either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or submit a signed application to proceed without prepaying fees and a prisoner authorization. If permission to proceed without prepaying fees is granted, the $350 filing fee is collected in installments from the prisoner's account. The authorization also directs the facility to deduct those payments and provide certified account statements for the previous six months.

Within 30 days of the order, Johnson must either pay the $405 or complete and submit the attached prisoner authorization. The authorization must identify docket number 25-CV-8771 (LTS). No summons will issue at this time. If Johnson complies, the Clerk's Office will process the case under its procedures; if he does not comply within the deadline, the action will be dismissed.

Appeal and other warning

The court certified that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order also warned that certain dismissals of a prisoner's federal actions can count as strikes under the federal prisoner-filing statute, and that three strikes generally prevent a prisoner from proceeding without prepaying fees unless the prisoner faces imminent danger of serious physical injury.

What the order did not decide

The order addresses filing fees and the required prisoner authorization. It does not decide the underlying claims against the defendants.