Johnson v. Carter
- Laura Swain
- 1:22-cv-04559
- U.S. District Court · Southern District of New York
- 1
In Johnson v. Carter, Judge Swain dismissed the action without prejudice because Johnson neither paid filing fees nor submitted required forms.
Jinja “Kyng Pariah” Johnson’s action was dismissed without prejudice for failure to submit the required fee-waiver materials or pay the filing fee. The court also denied permission to appeal without paying fees.
What happened
Jinja “Kyng Pariah” Johnson sued Shawn Carter and others in the Southern District of New York. The court had ordered Johnson to submit an application to proceed without paying filing fees, authorization required from a prisoner, or the required filing fees.
Johnson did not submit the required documents or pay the fees by the deadline. The court had warned that failing to comply would lead to dismissal.
Judge Laura Taylor Swain dismissed the action without prejudice, meaning it was not permanently barred on this order. She also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith, and directed that judgment be entered.
The detailed version
- Johnson v. Carter · No. 1:22-cv-04559
- Laura Swain
- Aug. 30, 2022
Background
The court had previously ordered Plaintiff Jinja “Kyng Pariah” Johnson to do one of two things within 30 days: submit a completed application to proceed without paying the filing fee, along with the required prisoner authorization, or pay the $402 filing fee for a civil action. The earlier order warned that failing to comply would result in dismissal.
Court’s Ruling
Johnson did not submit the application and prisoner authorization and did not pay the filing fee. The court therefore dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the merits of the claims against Shawn Carter or the other defendants.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying fees. Judgment was ordered to issue.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.