Johnson v. Court of Appeals

Background

Jerry L. Johnson, who was incarcerated and representing himself, filed a prisoner civil-rights complaint and received permission to proceed without paying the filing fee upfront. He sought money damages and attached a request for relief under 28 U.S.C. § 2254, a law that allows certain challenges to state-court custody decisions. Johnson later said he had intended to seek relief concerning a civil appeal by the New York Court of Appeals, not file a habeas petition.

The court had previously dismissed the action after allowing Johnson to file an amended complaint and a second amended complaint. It concluded that relief under § 2254 was unavailable because Johnson was not challenging the conviction under which he was incarcerated and was seeking damages rather than release from custody. It also concluded that his submissions did not state a viable claim for damages under 42 U.S.C. § 1983, the federal civil-rights statute for claims against state actors. Johnson filed a notice of appeal, which the opinion states was pending.

Fee Requirement

The Prison Litigation Reform Act requires a prisoner who files a civil action or appeal without prepaying the fee to pay the full filing fee. A prisoner granted permission to proceed without prepayment may pay through installments deducted from the prison account. The obligation applies before the court evaluates the complaint’s merits and continues even if the case is dismissed.

Johnson had signed a prisoner authorization acknowledging that the full $350 filing fee would be deducted in installments, even if the case were dismissed or voluntarily withdrawn. The authorization also allowed prison officials to make the required deductions.

Ruling

The court stated that Johnson had initiated the action using a prisoner civil-rights complaint form, alleged facts suggesting a § 1983 claim, and sought money damages. Because he also attached a request under § 2254, the court had treated the pleading as seeking relief under both statutes. The court had dismissed the action because Johnson failed to state a claim under either statute.

Judge Louis L. Stanton denied Johnson’s request for a refund or waiver of the relevant fees. The Clerk of Court was directed to mail Johnson a copy of the order and note service on the docket.