Johnson v. Tunecore
- Laura Swain
- 1:22-cv-06460
- U.S. District Court · Southern District of New York
- 1
In Johnson v. Tunecare, Judge Swain dismissed the action without prejudice because Johnson filed without first obtaining required court permission.
Robert W. Johnson's action was dismissed without prejudice, and he was denied permission to proceed without paying the filing fee for an appeal. Tunecare and the other defendants were not required to litigate the underlying claims in this order.
What happened
Robert W. Johnson filed a new lawsuit against Tunecare and others without a lawyer. A previous order had barred him from filing new civil actions without paying the filing fee unless he first obtained permission from the court. Johnson did not seek that permission and submitted an incomplete request to proceed without paying the fee.
The court dismissed the action without prejudice because Johnson failed to follow the earlier order. The court also directed the Clerk of Court to enter judgment.
The court further ruled that an appeal would not be taken in good faith and denied Johnson permission to proceed without paying the appeal fee. Judge Laura Taylor Swain issued the order.
The detailed version
- Johnson v. Tunecore · No. 1:22-cv-06460
- Laura Swain
- Aug. 1, 2022
Background
Robert W. Johnson filed a new civil action against Tunecare and others while representing himself. The opinion states that, in a July 10, 2020 order in a prior related proceeding, the court barred Johnson from filing any new civil action in the Southern District of New York without paying the filing fee unless he first obtained leave, meaning permission, from the court. Johnson filed this action with an incomplete application to proceed without paying the filing fee, but he did not ask for permission to file.
The opinion notes that the application was missing page two.
Ruling
Under 28 U.S.C. § 1651, the court dismissed the action without prejudice because Johnson failed to comply with the July 10, 2020 order. The court directed the Clerk of Court to enter judgment. The order does not address the underlying claims against Tunecare or the other defendants.
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 proceed without paying the filing fee for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.