Jackson v. N.J. Hopewell Township
- Laura Swain
- 1:23-cv-05228
- U.S. District Court · Southern District of New York
- 1
In Jackson v. N.J. Hopewell Township, Judge Swain dismissed the action without prejudice because Jackson filed without required court permission.
Henry Jackson, whose action was dismissed without prejudice and whose request to proceed without paying the filing fee on appeal was denied.
What happened
In Jackson v. N.J. Hopewell Township, Henry Jackson filed a new civil action without a lawyer and asked to proceed without paying the filing fee. A 2019 court order had barred him from filing new civil actions in this court without first obtaining permission.
Jackson had not asked for that permission before filing this case. The court therefore dismissed the action without prejudice for failing to follow the earlier order.
The court also denied Jackson permission to proceed without paying the filing fee on appeal, finding that an appeal would not be taken in good faith, and directed the clerk to enter judgment. Judge Laura Taylor Swain issued the order.
The detailed version
- Jackson v. N.J. Hopewell Township · No. 1:23-cv-05228
- Laura Swain
- June 21, 2023
Background
Henry Jackson filed this civil action without a lawyer and requested permission to proceed without paying the filing fee. The opinion states that, in an April 23, 2019 order, the court barred Jackson from filing any new civil action in the Southern District of New York without first obtaining leave from the court.
Reason for Dismissal
Jackson did not seek that required permission before filing this case. The court dismissed the action without prejudice because he failed to comply with the 2019 order. A dismissal without prejudice does not itself bar a later filing, although the opinion does not describe what steps would be required for any later filing.
Other Ruling
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 Jackson permission to proceed without paying the filing fee for an appeal. The clerk was directed to enter judgment. Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.