Steven Johnson v. Warden Lewisburg USP
666 F. App'x 219
3rd Cir.2016Background
- Steven Johnson, a federal prisoner proceeding pro se, filed a 28 U.S.C. § 2241 habeas petition challenging loss of good conduct time after a disciplinary proceeding.
- The District Court ordered Johnson to submit a properly completed in forma pauperis (IFP) application or pay a $5.00 filing fee within 30 days (deadline June 24, 2016).
- When neither an IFP application nor the fee had been received, the District Court dismissed the habeas petition without prejudice on June 29, 2016.
- The District Court received Johnson’s $5.00 on or about July 6, 2016; Johnson also sent a letter (construed as a motion for reconsideration) saying he had timely given the required form to prison staff.
- The District Court denied reconsideration, refunded Johnson’s fee, and the prisoner appealed; the Third Circuit considered whether the orders were appealable and whether reconsideration should have been granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the dismissal and denial of reconsideration are appealable | Johnson argued he timely submitted payment paperwork to prison staff and the late receipt of fee was beyond his control, so dismissal effectively ended his case | District Court treated the dismissal for nonpayment as non-final because defect could be cured; denied reconsideration and returned fee | Appealable: because court received fee and then denied relief and returned it, terminating Johnson’s ability to cure the defect; Third Circuit had jurisdiction |
| Whether the District Court abused discretion in denying reconsideration | Johnson argued equitable relief warranted because payment and motion were received soon after the deadline and he had given forms to staff timely | District Court found dismissal proper for failure to pay/submit IFP and denied relief without allowing filing to proceed | Abuse of discretion: Third Circuit held the court should have granted reconsideration and allowed Johnson to proceed upon resubmission of the $5 fee |
Key Cases Cited
- Redmond v. Gill, 352 F.3d 801 (3d Cir. 2003) (order dismissing complaint for failure to file IFP is appealable when it effectively terminates the action and precludes proceeding IFP)
- Borelli v. City of Reading, 532 F.2d 950 (3d Cir. 1976) (deficiency that a plaintiff can cure normally makes a dismissal without prejudice non-appealable)