Johnson v. Department of Corrections
- Vincent Briccetti
- 7:21-cv-00986
- U.S. District Court · Southern District of New York
- 1
Johnson v. Morton: Judge Briccetti extended Johnson’s deadline to oppose dismissal, denied fee-free appeal status, and did not decide the motion.
Chad S. Johnson, whose deadline to oppose the defendants’ motion to dismiss was extended to February 17, 2022, and the defendants, whose reply deadline was set for March 3, 2022.
What happened
In Chad S. Johnson v. Superintendent Robert Morton and others, the defendants asked the court to dismiss the case. Johnson did not file an opposition by the original January 7, 2022 deadline.
The court extended Johnson’s deadline to February 17, 2022, and set March 3, 2022, as the deadline for any reply by the defendants. The court said it would grant no further extension and would consider the dismissal motion submitted if Johnson did not respond. The order did not decide whether the case should be dismissed.
Judge Vincent L. Briccetti also ruled that any appeal from this order would not be taken in good faith and denied Johnson permission to appeal without paying the filing fees.
The detailed version
- Johnson v. Department of Corrections · No. 7:21-cv-00986
- Vincent Briccetti
- Jan. 18, 2022
Background
On November 22, 2021, the defendants moved to dismiss. On December 3, 2021, the court set a briefing schedule requiring Johnson’s opposition by January 7, 2022, and the defendants’ reply by January 28, 2022. The order states that Johnson had not responded as of January 18, 2022.
Order
The court extended Johnson’s deadline to oppose the motion to dismiss to February 17, 2022. It set March 3, 2022, as the deadline for any reply by the defendants. The court stated that it would grant no further extensions. If Johnson did not oppose the motion by February 17, the court would treat the motion as fully submitted and decide it later.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith. It therefore denied permission to appeal without paying the required filing fees. The order did not rule on the merits of the defendants’ motion to dismiss. The court directed its chambers to mail Johnson a copy of the order at the address on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.