JOHNSON v. BROSNAN RISK CONSULTANTS
- Laura Swain
- 1:22-cv-03805
- U.S. District Court · Southern District of New York
- 2
In Johnson v. Brosnan Risk Consultants, Judge Swain dismissed the action without prejudice because Johnson did not obtain required filing permission.
Robert W. Johnson’s action was dismissed without prejudice, while Brosnan Risk Consultants was not required to litigate the underlying claims in this proceeding.
What happened
Robert W. Johnson sued Brosnan Risk Consultants in the Southern District of New York. Johnson was representing himself and had not paid the filing fees or submitted an application to proceed without paying them.
A 2020 court order barred Johnson from filing a new civil action without first obtaining permission from the court. Because he had not obtained that permission, the court dismissed this action without prejudice for violating the earlier order.
Chief Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Johnson permission to appeal without paying the required fees.
The detailed version
- JOHNSON v. BROSNAN RISK CONSULTANTS · No. 1:22-cv-03805
- Laura Swain
- May 12, 2022
Background
Robert W. Johnson filed this action without a lawyer. He originally filed it in the United States District Court for the Eastern District of Pennsylvania, which transferred it to the Southern District of New York on May 2, 2022.
The opinion states that, on July 10, 2020, Johnson had been barred from filing any new civil action in the Southern District of New York without first obtaining the court’s permission to file. Johnson had not paid the fees required to bring this action and had not filed an application to proceed without paying those fees. Because he had not paid the fees, the court treated his complaint as a request to proceed without paying them. He still had not obtained the required permission to file.
Ruling
The court dismissed the action without prejudice because Johnson failed to comply with the July 10, 2020 order. The opinion did not address the underlying claims against Brosnan Risk Consultants.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied Johnson permission to appeal without paying the required fees. Chief Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.