Johnson v. McGunnigle

District Court, S.D. New York

Johnson v. McGunnigle

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ROBERT W. JOHNSON, Plaintiff, 1:25-CV-0993 (LTS) -against- ORDER OF DISMISSAL MELINDA H. McGUNNIGLE, et al., UNDER

28 U.S.C. § 1651

Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff Robert W. Johnson filed this action pro se, seeking to proceed in forma pauperis (“IFP”). In an order dated July 10, 2020, however, the court barred him from filing future civil actions in this court IFP without first obtaining from the court leave to file. See Johnson v. O’Hagan Wolfe, ECF 1:19-CV-7337, 8 (S.D.N.Y. July 10, 2020), appeal dismissed, No. 21-299 (2d Cir. July 15, 2021). Plaintiff files this new civil action in this court and seeks IFP status, but he has not sought leave from the court to file this action. The Court therefore dismisses this action without prejudice due to Plaintiff’s failure to comply with the court’s July 10, 2020 order in Johnson, 1:19-CV-7337. The Court certifies, pursuant to

28 U.S.C. § 1915

(a)(3), that any appeal from this order would not be taken in good faith and, therefore, IFP status is denied for the purpose of an appeal. See Coppedge v. United States,

369 U.S. 438, 444-45

(1962). The Court directs the Clerk of Court to enter a judgment dismissing this action for the reason set forth in this order. SO ORDERED. Dated: March 7, 2025 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

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