Johnson v. Johnson

Background

Jinja “Kyng Pariah” Johnson brought this civil action while detained at the Rose M. Singer Center on Rikers Island and representing himself. Johnson submitted the complaint without paying the required fees and without submitting a completed application to proceed without prepayment 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 a signed application to proceed without prepayment and a prisoner authorization. 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 prisoner’s account statements for the previous six months.

The court ordered Johnson, within 30 days of the order, to either pay the $402 or submit the application and prisoner authorization, labeled with docket number 22-CV-3024 (LTS). No summons would issue at that time. The court stated that the case would be processed through the Clerk’s Office if Johnson complied and that the action would be dismissed if he failed to comply within the allowed time.

Other Rulings

Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepayment for purposes of an appeal. The order also cautioned that certain future dismissals could count as strikes under the prisoner litigation statute, potentially limiting a prisoner’s ability to file later federal actions without prepaying fees.