Johnson v. Robbins
- Laura Swain
- 1:23-cv-06931
- U.S. District Court · Southern District of New York
- 1
In Johnson v. Robbins, Judge Swain dismissed Robert W. Johnson’s action without prejudice because he filed without required permission.
Robert W. Johnson’s action was dismissed without prejudice. The order also denied him permission to proceed without prepaying fees for an appeal and directed entry of judgment.
What happened
Johnson v. Robbins involved Robert W. Johnson’s new civil action. The court had previously barred him from filing new civil actions in that court without first getting permission if he wanted to proceed without prepaying filing fees. He filed this action, requested that status, and did not seek permission.
The court dismissed the action without prejudice because Johnson did not comply with the earlier order. The court also denied permission to proceed without prepaying fees for an appeal, finding that any appeal would not be taken in good faith.
Judge Laura Taylor Swain directed the Clerk of Court to enter judgment. The opinion does not decide the underlying legal issues in Johnson’s claims.
The detailed version
- Johnson v. Robbins · No. 1:23-cv-06931
- Laura Swain
- Aug. 28, 2023
Background
The court had previously ordered that Robert W. Johnson could not file any new civil action in the Southern District of New York without first obtaining permission from the court if he sought to proceed without prepaying filing fees. In this case, Johnson filed a new action against Tina Robbins and others, requested permission to proceed without prepaying fees, and did not seek the required permission before filing.
Ruling
Under 28 U.S.C. § 1651, the court dismissed the action without prejudice because Johnson failed to comply with the earlier filing restriction. The dismissal was based on that procedural failure, not on a decision about the underlying claims.
Appeal and Judgment
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied Johnson permission to proceed without prepaying 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.