Harriott v. Annucci
- Laura Swain
- 1:25-cv-01697
- U.S. District Court · Southern District of New York
- 1
In Harriott v. Annucci, Chief Judge Swain dismissed the action without prejudice after Harriott neither amended his fee-waiver request nor paid the filing fee.
Albert Harriott’s action was dismissed without prejudice because he did not submit the required amended fee-waiver application or pay the $405 filing fee. He was also denied permission to proceed without paying fees for an appeal.
What happened
Harriott v. Annucci began after another federal court transferred claims arising at Sing Sing Correctional Facility to the Southern District of New York. The court gave Harriott thirty days to submit an amended request to waive the filing fee or pay the required $405 fee.
Harriott did neither. The court therefore dismissed the action without prejudice, meaning the dismissal did not bar refiling. The court also ruled that Harriott could not proceed without paying fees for an appeal because an appeal would not be taken in good faith.
Chief Judge Laura Taylor Swain entered the dismissal and directed that judgment be entered.
The detailed version
- Harriott v. Annucci · No. 1:25-cv-01697
- Laura Swain
- Apr. 1, 2025
Background
District Judge Elizabeth C. Coombe of the Northern District of New York previously severed Albert Harriott’s claims arising at Sing Sing Correctional Facility and transferred those claims to the Southern District of New York. That transfer led to the opening of this action.
On February 27, 2025, the court directed Harriott, within thirty days, either to submit an amended application to proceed without paying the filing fee or to pay the $405 required filing fee. The court warned that failing to comply would result in dismissal.
Ruling
Harriott did not submit an amended application and did not pay the filing fees. The court dismissed the action without prejudice. The opinion does not decide the underlying claims.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied Harriott permission to proceed without paying fees for an appeal. The court directed that judgment be entered.
Effect
The action was dismissed without prejudice, and the court denied fee-waiver status for an appeal. Chief United States District Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.