Johnson v. Capra
- Laura Swain
- 1:22-cv-10754
- U.S. District Court · Southern District of New York
- 2
In Johnson v. Capra, Judge Swain ordered a signed petition within 30 days or the petition will be denied.
Darryl Johnson and his federal custody petition. Johnson was given 30 days to provide an original signature; failure to do so would result in denial of the petition. The order also affects any appeal by denying permission to proceed without paying court costs and stating that no certificate of appealability would issue.
What happened
In Johnson v. Capra, Darryl Johnson filed a petition challenging his custody under federal law, but he did not sign it. The court said the petition must include his original signature under penalty of perjury.
The court ordered Johnson to send an original signature page within 30 days of January 9, 2023. If he complies, the case will proceed through the Clerk’s Office; if he does not, the petition will be denied.
Judge Laura Taylor Swain also denied permission to appeal without paying court costs and said no certificate allowing an appeal would issue because the petition had not made the required showing of a constitutional violation.
The detailed version
- Johnson v. Capra · No. 1:22-cv-10754
- Laura Swain
- Jan. 9, 2023
Background
Darryl Johnson filed a petition under 28 U.S.C. § 2254 challenging his custody. He represented himself. The petition did not include a signature.
Signature requirement
The court explained that the rules for these petitions require the petitioner, or an authorized person, to sign the petition under penalty of perjury. The court directed Johnson to submit a signature page bearing his original signature within 30 days of the order. The court attached the appropriate signature page.
Ruling and consequences
The court ordered that, if Johnson complies, the action will be processed under the Clerk’s Office procedures. If he fails to comply within the allowed time, the petition will be denied. The court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying court costs. Because the petition made no substantial showing that a constitutional right had been denied, the court stated that a certificate of appealability would not issue.
Disposition
This was an order directing correction of a filing defect; the court did not decide the underlying claims in Johnson’s petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.