Johnson v. Department of Corrections

Background

Chad S. Johnson, who was incarcerated at Downstate Correctional Facility, filed this action without a lawyer. He did not pay the filing fees, submit a prisoner authorization, or use the Court’s application form to request permission to proceed without prepaying fees.

Required filings and payment

The order explained that a prisoner must either pay $402—the $350 filing fee and $52 administrative fee—or submit a signed application to proceed without prepaying fees together with a prisoner authorization. If permission to proceed without prepayment is granted, the $350 filing fee is collected in installments from the prisoner’s account. The $52 administrative fee does not apply to a person granted that status.

The court ordered Johnson, within 30 days, to do one of two things: pay the $402 in fees, or submit the attached prisoner authorization and an amended application. The documents were to identify docket number 21-CV-0986 (CM). The Clerk was directed to mail the order to Johnson and record service on the docket. No summons was to issue at that time.

Ruling and effect

Chief Judge Colleen McMahon ordered the payment or filings. The order stated that, if Johnson complied, the case would be processed under the Clerk’s Office procedures; if he failed to comply within the allowed time, the action would be dismissed. The court also 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 prepaying fees. The order did not decide the underlying claims. It also warned that a later dismissal for frivolousness or failure to state a claim could count as a “strike” under 28 U.S.C. § 1915(g).