Johnson v. General CIA
- Laura Swain
- 1:23-cv-03707
- U.S. District Court · Southern District of New York
- 1
In Johnson v. General CIA, Judge Swain dismissed the complaint without prejudice because Johnson did not pay fees or submit required documents.
Clarence D. Johnson, Jr., whose complaint was dismissed without prejudice; the action's defendants are affected by the entry of judgment.
What happened
In Johnson v. General CIA, the court had ordered Clarence D. Johnson, Jr. to either pay the filing fees or submit an application to proceed without paying them. The court also required him to submit a complaint signature page bearing an original signature.
Johnson did not submit the application, pay the $402 filing fee, or provide the signed signature page. The earlier order warned that failing to comply would result in dismissal.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice, meaning the dismissal did not permanently bar the complaint from being filed again. She also denied permission to appeal without paying fees and directed the clerk to enter judgment.
The detailed version
- Johnson v. General CIA · No. 1:23-cv-03707
- Laura Swain
- June 7, 2023
Background
Clarence D. Johnson, Jr. filed a civil complaint against General CIA and other defendants. In an order dated May 3, 2023, the court directed Johnson, within 30 days, either to submit a completed application to proceed without paying filing fees or to pay the $402 required to file a civil action. The court also directed him to resubmit the complaint's signature page with an original signature. The order stated that failure to comply would result in dismissal.
Failure to comply
Johnson did not submit the application, pay the filing fees, or submit the signed signature page.
Ruling
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915 and Federal Rule of Civil Procedure 11(a). The court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying fees. The court directed the clerk to enter judgment in the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.