Johnson v. Department of Corrections
- Vincent Briccetti
- 7:21-cv-00986
- U.S. District Court · Southern District of New York
- 2
In Chad S. Johnson v. Superintendent Robert Morton, Judge Briccetti deemed defendants’ dismissal motion submitted and denied fee-free appeal status.
Chad S. Johnson and the defendants. The defendants’ motion to dismiss remains to be decided, while Johnson was denied permission to appeal this order without paying the filing costs.
What happened
In Chad S. Johnson v. Superintendent Robert Morton, the defendants moved to dismiss the case. The court set a deadline for Johnson to respond, but he did not file a response by that deadline.
The court later extended Johnson’s response deadline and warned that it would not grant another extension. Johnson still did not respond, so the court deemed the defendants’ motion ready for decision.
Judge Vincent L. Briccetti did not decide the dismissal motion in this order. He stated that the court would decide it later and ruled that any appeal from this order would not be taken in good faith, denying Johnson permission to appeal without paying the filing costs.
The detailed version
- Johnson v. Department of Corrections · No. 7:21-cv-00986
- Vincent Briccetti
- Mar. 2, 2022
Background
The defendants moved to dismiss on November 22, 2021. The court set a schedule requiring Chad S. Johnson to file his opposition by January 7, 2022, and the defendants to file any reply by January 28, 2022. Johnson did not respond by January 7.
On January 18, 2022, the court extended Johnson’s deadline to February 17, 2022. The court warned that it would grant no further extensions and that, if Johnson did not respond by February 17, it would treat the motion as fully submitted and decide it in due course.
Court’s Action
Johnson did not respond by the extended deadline. The court therefore deemed the defendants’ motion to dismiss fully submitted. This order did not decide whether the motion to dismiss should be granted or denied; it stated that the court would decide that motion 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. As a result, it denied Johnson permission to appeal without paying the filing costs. The court directed its chambers to mail Johnson a copy of the order at the address on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.