Jackson v. N.J. Hopewell Township
- Laura Swain
- 1:23-cv-05240
- 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 had not obtained required filing permission.
Henry Jackson’s action against N.J. Hopewell Township was dismissed without prejudice because he had not obtained the permission required by an earlier court order before seeking to proceed without paying filing fees.
What happened
In Jackson v. N.J. Hopewell Township, Henry Jackson sought permission to proceed without paying filing fees, but an earlier court order required him to obtain leave before filing any new civil action under that status.
Jackson had not requested that permission before filing this action. The court therefore dismissed the case without prejudice for failing to comply with the earlier order.
Judge Laura Taylor Swain also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
The detailed version
- Jackson v. N.J. Hopewell Township · No. 1:23-cv-05240
- Laura Swain
- June 21, 2023
Background
On April 23, 2019, the court ordered that Henry Jackson could not file a new civil action in the Southern District of New York without paying filing fees unless he first obtained the court’s permission to proceed without paying them. The opinion states that the earlier order became effective on June 10, 2019.
Jackson filed this new action against N.J. Hopewell Township and sought permission to proceed without paying filing fees, but he did not seek the required permission to file the action.
Ruling
The court dismissed the action without prejudice because Jackson failed to comply with the earlier filing restriction. The opinion does not decide the underlying claims against N.J. Hopewell Township.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied Jackson permission to proceed without paying filing fees for an appeal. The court directed the Clerk of Court to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.