Johnson v. Department of Corrections
- Colleen McMahon
- 1:20-cv-09403
- U.S. District Court · Southern District of New York
- 2
In Johnson v. Department of Corrections, Chief Judge McMahon dismissed the complaint without prejudice after Johnson failed to pay fees or submit required forms.
Christopher Johnson's complaint was dismissed without prejudice because he did not comply with the court's filing-fee or application requirements. His permission to proceed without paying fees on appeal was also denied. The opinion does not resolve the claims against the Department of Corrections or the other defendants.
What happened
In Johnson v. Department of Corrections, the court ordered Christopher Johnson to either pay the required $400 filing fees or submit a completed request to proceed without paying the fees and a prisoner authorization.
The court gave Johnson 30 days to comply and warned that the case would be dismissed if he did not. Johnson did not comply or contact the court further.
Chief Judge Colleen McMahon dismissed the complaint without prejudice. She also denied Johnson permission to proceed without paying fees on appeal because the court determined that an appeal would not be taken in good faith.
The detailed version
- Johnson v. Department of Corrections · No. 1:20-cv-09403
- Colleen McMahon
- Jan. 20, 2021
Background
Christopher Johnson filed a civil complaint while detained at the Vernon C. Bain Center. An earlier order dated November 14, 2020, directed him to either pay the $400 filing fees required to bring a civil action in the court or submit a completed application to proceed without paying those fees and a prisoner authorization. The order gave him 30 days and warned that the case would be dismissed if he did not comply.
Failure to Comply
Johnson did not comply with the order and did not initiate any further contact with the court, either in writing or otherwise.
Ruling
Chief United States District Judge Colleen McMahon dismissed Johnson's complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. 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. The Clerk of Court was directed to mail Johnson a copy of the order and record service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.