Johnson v. Rardin

• Court: District Court, E.D. Michigan
• Decided: September 30, 2025
• Docket: 2:25-cv-12549
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

SHAWN THOMAS JOHNSON,

Petitioner,

v. Case No. 2:25-cv-12549 Hon. Jonathan J.C. Grey

ERIC RARDIN,

Respondent. _________________________________/

OPINION AND ORDER DISMISSING CASE FOR FAILURE TO CORRECT DEFICIENCY

Pro se Plaintiff Shawn Thomas Johnson, a federal inmate confined at the Federal Correctional Institute in Milan, Michigan (FCI-Milan), filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. On August 18, 2025, Chief Magistrate Judge David R. Grand signed an order of deficiency. (ECF No. 3.) The deficiency order clearly stated that Johnson was required to submit either the $5.00 filing fee or an application to proceed in forma pauperis within 21 days. The deficiency order also expressly warned Johnson that failure to comply with the Court’s instructions may result in the dismissal of his action. Johnson was required to comply with the deficiency order by September 8, 2025. To date, he has not. In lieu of paying the filing fee or submitting the in

forma pauperis application, Johnson filed an objection to the Court’s deficiency order stating: “Requiring any kind of fee to file a habeas petition goes against fundamental rights afforded to everyone.” (ECF

No. 5, PageID.14.) If a prisoner who seeks habeas corpus relief does not comply with

a district court’s directions in a deficiency order, regarding the prisoner’s failure to pay the full filing fee and his failure to provide the required documentation to apply to proceed in forma pauperis, the

district court must presume that the prisoner is not a pauper, assess the full filing fee, and dismiss the case for want of prosecution. See Gravitt v. Tyszkiewicz, 14 Fed. Appx. 348, 349 (6th Cir. 2001) (citing

McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997)). At this time, Johnson’s petition is subject to dismissal because he failed to comply with the Court’s order of deficiency by either

submitting the $5.00 filing fee or an application to proceed in forma pauperis. Therefore, the habeas action is DISMISSED WITHOUT PREJUDICE. It is further ORDERED that an appeal from this decision would be frivolous and could not be taken in good faith. 28 U.S.C. § 1915(a)(3). Accordingly, a certificate of appealability, 28 U.S.C.

§ 2253(c)(1)(A); FED. R. APP. P. 22(b), and leave to appeal in forma pauperis, 28 U.S.C. § 1915(a)(3), are DENIED. SO ORDERED.

s/Jonathan J.C. Grey Jonathan J.C. Grey Dated: September 30, 2025 United States District Judge

Certificate of Service

The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court’s ECF System to their respective email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on September 30, 2025.

s/ S. Osorio Sandra Osorio Case Manager