Johnson v. Samuelson
- Laura Swain
- 1:24-cv-00126
- U.S. District Court · Southern District of New York
- 4
In Johnson v. Samuelson, Judge Swain ordered the petitioner to pay the filing fee or submit an application to proceed without prepayment.
Jinja J. Kyng Pariah Johnson, whose habeas petition must be accompanied by the $5 filing fee or a signed application to proceed without prepaying fees; Superintendent Samuelson was not required to answer at this stage.
What happened
Jinja J. Kyng Pariah Johnson filed a petition for a court order challenging detention, naming Superintendent Samuelson as the respondent. Johnson was representing themself and submitted the petition without the required $5 filing fee or an application to proceed without prepaying court costs.
The court gave Johnson 30 days from January 9, 2024, to pay the $5 fee or submit a signed application explaining why the fee could not be paid. The court said that no response from Samuelson was required at that time.
Judge Laura Taylor Swain ordered that the case would proceed under the Clerk’s Office procedures if Johnson complied, but the action would be dismissed if Johnson did not comply within the deadline. The court also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Johnson v. Samuelson · No. 1:24-cv-00126
- Laura Swain
- Jan. 9, 2024
Background
Jinja J. Kyng Pariah Johnson filed a petition for a writ of habeas corpus, a court proceeding seeking relief from allegedly unlawful custody or detention. Johnson proceeded without a lawyer. The petition was submitted without the required $5 filing fee and without a signed application to proceed without prepaying fees, commonly called an IFP application.
Order
The court directed Johnson, within 30 days of the order, either to pay the $5 filing fee or complete and submit the attached IFP application. The application had to identify docket number 24-CV-00126 (LTS). The court explained that, if the application were granted, Johnson could proceed without paying the fee in advance. The court did not require Superintendent Samuelson to answer the petition at that time.
Effect
If Johnson complied with the order, the case would be processed under the procedures of the Clerk’s Office. If Johnson failed to comply within the allowed time, the action would be dismissed. The court also certified that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. This order did not decide the merits of Johnson’s petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.