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S.D.N.Y.Procedural orderFiled Mar. 25, 2022

Johnson v. Rose M. Singer Center

Judge
Laura Swain
Docket
1:22-cv-02410
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Johnson v. Rose M. Singer Center, Judge Swain ordered Jinja Johnson to pay fees or submit required forms within 30 days before the case could proceed.

Who this affects

Jinja Johnson, a detained person who filed the civil action without a lawyer or the required filing fees and forms.

What happened

In Johnson v. Rose M. Singer Center, Jinja Johnson, also known as Kyng Pariah, filed a civil case without paying the required fees or submitting a completed application to proceed without prepaying them.

The court gave Johnson 30 days to either pay $402 or submit the required application and authorization. The authorization would allow filing-fee payments to be deducted from Johnson’s account in installments. The court did not issue a summons at that time.

Judge Laura Taylor Swain ordered that the case would be processed if Johnson complied, but stated that the action would be dismissed if Johnson did not comply. She also denied permission to appeal without prepaying fees, finding that any appeal would not be taken in good faith.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Johnson v. Rose M. Singer Center · No. 1:22-cv-02410
Judge
Laura Swain
Date
Mar. 25, 2022

Background

Jinja Johnson, also known as Kyng Pariah, filed this civil action without a lawyer. The opinion states that Johnson was detained at the Rose M. Singer Center on Rikers Island. Johnson submitted the complaint without paying the filing and administrative fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization.

Court’s order

The court explained that a prisoner filing a civil action must either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or submit the required application and authorization forms. If the court grants the application, the $350 filing fee must be collected in installments from the prisoner’s account. The authorization also directs the detention facility to make those deductions and provide certified copies of the account statements for the previous six months.

Within 30 days of the order, Johnson was required to pay the $402 or submit the application and authorization forms, labeled with docket number 22-CV-2410 (LTS). No summons would issue at that time. The order states that, if Johnson complied, the case would be processed under the Clerk’s Office procedures; if Johnson did not comply within the allowed time, the action would be dismissed.

Appeal and classification

Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order also cautioned that a later dismissal for frivolousness or failure to state a claim could count as a strike under the applicable prisoner-litigation statute. This was a filing-fee and application order, not a decision on the allegations or merits of Johnson’s civil claims.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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