Rogers v. Johnson
- Laura Swain
- 1:23-cv-04590
- U.S. District Court · Southern District of New York
- 2
In Rogers v. Johnson, Judge Swain dismissed the action without prejudice because Rogers did not file a signed amended complaint.
Angelina Rogers and the defendants in this action; the case was dismissed without prejudice.
What happened
Angelina Rogers, who was representing herself, started Rogers v. Johnson by filing an unsigned and incomplete complaint. The court ordered her to file a completed, signed amended complaint within 30 days.
The court also ordered Rogers to submit a completed, signed application to proceed without paying filing fees or pay the required filing fee. Rogers submitted an application for that fee waiver, but she did not file the required signed amended complaint.
Judge Swain dismissed the action without prejudice and ended all other pending matters. The court directed the Clerk to enter judgment and denied Rogers permission to appeal without paying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Rogers v. Johnson · No. 1:23-cv-04590
- Laura Swain
- July 27, 2023
Background
Angelina Rogers, proceeding without a lawyer, filed an unsigned and incomplete complaint against Dwayne A. Johnson and other defendants. On June 5, 2023, the court directed Rogers to submit a completed and signed amended complaint within 30 days. On June 7, 2023, the court directed her to submit a completed and signed application to proceed without paying filing fees or pay the $402 filing fee. That order also repeated that she still had to submit a completed and signed amended complaint. Both orders stated that failing to comply would result in dismissal.
What the Court Decided
The court received an application from Rogers on June 20, 2023, but she did not file the signed amended complaint. Citing Federal Rules of Civil Procedure 8(a) and 11(a), the court dismissed the action without prejudice. The court also terminated all other pending matters and directed the Clerk of Court to enter judgment.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying filing fees. The opinion does not describe the claims in the incomplete complaint or explain what Rogers alleged against the defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.