Johnson-El v. Deprospo
- Louis Stanton
- 1:20-cv-02878
- U.S. District Court · Southern District of New York
- 1
Johnson-El v. DePROSPO was dismissed without prejudice after Judge McMahon found that filing fees were neither paid nor waived.
The dismissal affected Jeremiah S. Johnson-El's action against William L. DePROSPO; the court stated that the dismissal was without prejudice.
What happened
In Johnson-El v. DePROSPO, the court required Jeremiah S. Johnson-El to submit an application to have the filing fee waived or pay the required filing fees within 30 days.
He did neither. The court therefore dismissed the case without prejudice, meaning the dismissal did not bar refiling.
Chief Judge Colleen McMahon also denied permission to appeal without paying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Johnson-El v. Deprospo · No. 1:20-cv-02878
- Louis Stanton
- June 10, 2020
Background
Jeremiah S. Johnson-El brought this action against William L. DePROSPO, doing business as County Court Magistrate. On April 9, 2020, the court ordered Johnson-El either to submit a completed application to proceed without paying the filing fee or to pay the $400 required to file a civil action. The order warned that failing to comply would result in dismissal.
Ruling
Johnson-El did not submit the application or pay the filing fees. The court dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915.
Chief Judge Colleen McMahon also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. As a result, permission to appeal without paying the appeal fees was denied.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.