Johnson v. James
- Laura Swain
- 1:22-cv-04358
- U.S. District Court · Southern District of New York
- 1
Johnson v. James: Judge Swain dismissed the complaint without prejudice because Johnson neither paid filing fees nor submitted required forms.
Jinja “Kyng Pariah” Johnson’s complaint was dismissed without prejudice for failure to submit the required fee-waiver and prisoner-authorization documents or pay the filing fee. Any appeal without paying fees was also denied.
What happened
In Johnson v. James, the court had ordered Jinja “Kyng Pariah” Johnson to submit a completed request to proceed without paying filing fees and a prisoner authorization, or pay $402 in filing fees. The order warned that failing to comply would lead to dismissal.
Johnson did not submit the required documents or pay the fees. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling, and directed the clerk to enter judgment.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to appeal without paying fees. The order did not address the underlying claims.
The detailed version
- Johnson v. James · No. 1:22-cv-04358
- Laura Swain
- Aug. 30, 2022
Background
The court had previously ordered Jinja “Kyng Pariah” Johnson, within thirty days, to either submit a completed request to proceed without paying the filing fee and a required prisoner authorization, or pay the $402 filing fee for a civil action. The court warned that failure to comply would result in dismissal.
Court’s Ruling
Johnson did not submit the required request and authorization and did not pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also directed the Clerk of Court to enter judgment.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying fees. The order resolved the case based on the filing requirements and did not decide the merits of Johnson’s underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.