Johnson v. Department of Corrections
- Colleen McMahon
- 1:20-cv-10119
- U.S. District Court · Southern District of New York
- 1
In Johnson v. Department of Corrections, Judge McMahon dismissed the complaint without prejudice because Johnson neither paid filing fees nor submitted required forms.
Dayquan Johnson's complaint was dismissed without prejudice because he did not pay the filing fee or submit the required forms. The court also denied permission to proceed without paying fees on appeal.
What happened
In Johnson v. Department of Corrections, the court had ordered Dayquan Johnson to pay the required filing fees or submit forms requesting permission to proceed without paying them, along with a prisoner authorization form.
Johnson did neither within the required thirty days. The court also reported that its order was returned as undeliverable and that Johnson had not provided a new address.
Judge Colleen McMahon dismissed the complaint without prejudice. She also denied permission to proceed without paying fees on appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Johnson v. Department of Corrections · No. 1:20-cv-10119
- Colleen McMahon
- Jan. 4, 2021
Background
The court had previously ordered Dayquan Johnson to submit a completed application to proceed without paying filing fees and a prisoner authorization form, or to pay the $400 required to file a civil action. The order gave him thirty days to comply and warned that the complaint would be dismissed if he did not.
Johnson did not pay the fees or submit the required forms. The earlier order mailed to him was also returned as undeliverable, and he had not provided the court with a new address.
Ruling
Chief United States District Judge Colleen McMahon dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court directed the Clerk of Court to mail the dismissal order to Johnson at his address of record and record service on the docket.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.