Johnson v. Carter

Background

Jinja “Kyng Pariah” Johnson brought this civil action without a lawyer. The opinion states that Johnson is currently held at Mid-Hudson Forensic Psychiatric Center. Johnson had not paid the fees required to start the action and had not submitted a completed and signed application to proceed without prepaying fees or a prisoner authorization.

Filing-fee requirement

The court explained that starting a civil action generally requires payment of a $350 filing fee and a $52 administrative fee, for a total of $402. A prisoner who seeks permission to proceed without prepaying fees must submit an application and authorize installment deductions of the $350 filing fee from the prisoner’s trust account. The authorization must also direct the facility to provide certified copies of the prisoner’s trust-account statements for the previous six months. The $52 administrative fee does not apply to a person granted permission to proceed without prepayment.

Order

Within 30 days after the order’s date, Johnson had to either pay the $402 in fees or complete, sign, and submit the attached application and prisoner authorization, labeled with docket number 1:22-CV-4559. No summons would issue at that time. If Johnson complied, the Clerk’s Office would process the action under its procedures; if Johnson failed to comply within the allowed time, the action would be dismissed.

Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and therefore denied permission to appeal without prepaying fees. The order did not address the underlying claims against the defendants.