Johnson v. James
- Laura Swain
- 1:22-cv-04358
- U.S. District Court · Southern District of New York
- 2
In Johnson v. James, Judge Swain ordered payment or an application to proceed without prepaying fees, warning that noncompliance would lead to dismissal.
Jinja “Kyng Pariah” Johnson, who was required to pay the filing fees or submit the forms needed to request permission to proceed without prepaying them.
What happened
Jinja “Kyng Pariah” Johnson sued Keyshawn James and other defendants in Johnson v. James. Johnson submitted the complaint without paying the required fees or completing the forms needed to request permission to proceed without prepaying them.
The court gave Johnson 30 days to pay $402 or submit a signed application to proceed without prepaying fees and a prisoner authorization. The authorization would allow installment deductions from his account. The court also said that no summons would issue yet and that the case would be processed if Johnson complied.
If Johnson did not comply on time, the action would be dismissed. Judge Laura Taylor Swain also ruled that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying appellate fees.
The detailed version
- Johnson v. James · No. 1:22-cv-04358
- Laura Swain
- May 31, 2022
Background
Jinja “Kyng Pariah” Johnson brought this civil action without a lawyer. The opinion states that Johnson was detained at Mid-Hudson Forensic Psychiatric Center. Johnson filed the complaint without paying the filing fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization.
Fees and required filings
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 request permission to proceed without prepaying fees. A prisoner seeking that permission must submit a signed application and an authorization allowing installment deductions from the prisoner’s account. The authorization must also direct the facility to provide certified copies of the prisoner’s account statements for the previous six months.
Order
The court ordered Johnson, within 30 days of the order, to either pay the $402 in fees or submit the required application and prisoner authorization, labeled with docket number 22-CV-4358 (LTS). No summons would issue at that time. If Johnson complied, the Clerk’s Office would process the case under its procedures. If Johnson failed to comply within the allowed time, the action would be dismissed.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. 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.