Johnson v. EPA Canada
- Laura Swain
- 1:22-cv-05884
- U.S. District Court · Southern District of New York
- 2
In Johnson v. EPA Canada, Judge Swain barred Johnson from filing future civil actions in this court without first obtaining permission to proceed without prepaying filing fees.
Clarence D. Johnson, Jr. is barred from filing future civil actions in the Southern District of New York without first obtaining permission to proceed without prepaying filing fees. The order also affects any future filing he attempts in violation of that requirement, which the court said it will dismiss.
What happened
In Johnson v. EPA Canada, the court had previously dismissed the action. It dismissed without prejudice claims Clarence D. Johnson, Jr. asserted for Nehemiah H+G Construction and dismissed as frivolous claims he asserted for himself. The court then ordered Johnson to explain why it should not restrict his future fee-free filings, but he did not submit the required declaration.
The court barred Johnson from filing any future civil action in this court without prepaying filing fees unless he first obtains the court’s permission. To seek permission, he must file a motion through the court’s Pro Se Intake Unit and attach his proposed complaint and a copy of the order. The court said it will dismiss any action filed in violation of the order and warned that further frivolous filings could lead to additional sanctions, including monetary penalties.
Judge Laura Taylor Swain entered the filing bar under 28 U.S.C. § 1651, denied fee-free status for an appeal because an appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
The detailed version
- Johnson v. EPA Canada · No. 1:22-cv-05884
- Laura Swain
- June 28, 2023
Background
The court had dismissed this pro se action by an order entered September 28, 2022. It dismissed without prejudice Clarence D. Johnson, Jr.’s claims asserted on behalf of Nehemiah H+G Construction. It dismissed as frivolous the claims Johnson asserted on his own behalf.
The earlier order directed Johnson to submit a declaration within 30 days explaining why the court should not bar him from filing future civil actions in the court without prepaying filing fees. The court warned that it would impose the filing restriction if he did not file the declaration or failed to show good cause. Johnson filed a notice of appeal on October 11, 2022. The Second Circuit dismissed that appeal effective April 28, 2023. Johnson did not file the required declaration.
Ruling
The court entered the filing bar under 28 U.S.C. § 1651. Johnson may not file any future civil action in this court without first obtaining the court’s permission to proceed without prepaying filing fees. Any motion seeking permission must be filed with the court’s Pro Se Intake Unit and must include a copy of the proposed complaint and a copy of this order.
The court stated that it will dismiss any action Johnson files without first seeking permission as required by the order. It also warned that continued submission of frivolous documents could result in additional sanctions, including monetary penalties.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and therefore denied fee-free status for an appeal. It directed the Clerk of Court to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.