Johnson v. Department of Corrections
- Vincent Briccetti
- 7:21-cv-00986
- U.S. District Court · Southern District of New York
- 1
In Johnson v. Department of Corrections, Judge McMahon dismissed the complaint without prejudice after Johnson failed to submit required forms or pay the filing fee.
Chad Johnson's complaint was dismissed without prejudice because he did not submit the required authorization and fee application or pay the filing fee. Payment-free status was also denied for an appeal.
What happened
Johnson v. Department of Corrections involved a complaint filed by Chad Johnson in the Southern District of New York.
The court had ordered Johnson to submit a prisoner authorization and an updated application to proceed without paying the filing fee, or to pay the required $402 fee. Johnson did neither within the required time.
Judge McMahon dismissed the complaint without prejudice, meaning it was not permanently barred. The court also denied payment-free status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Johnson v. Department of Corrections · No. 7:21-cv-00986
- Vincent Briccetti
- Mar. 10, 2021
Background
By an order dated February 8, 2021, the court directed Chad Johnson to submit a prisoner authorization and an amended application to proceed without paying the filing fee, or to pay the $402 filing fee required for a civil action. The order warned that failing to comply would result in dismissal.
Court’s ruling
Johnson did not submit the required prisoner authorization or amended fee application and did not pay the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order did not decide the underlying claims against the Department of Corrections or the other defendants.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied payment-free status 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 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.