Kruppenbacher v. Annuci

Background

Joseph Kruppenbacher filed a civil action against Anthony J. Annuci and other defendants. The opinion says Kruppenbacher was incarcerated at Clinton Correctional Facility, was representing himself, and asserted claims arising from events in 2015.

A prisoner filing a civil action in the court must either pay $400 in fees—a $350 filing fee and a $50 administrative fee—or request permission to proceed without paying fees upfront. A prisoner making that request must submit a signed application and an authorization allowing the facility to deduct the $350 filing fee from the prisoner’s account in installments and send the court certified account statements covering the previous six months.

Order

Kruppenbacher submitted the complaint with a handwritten application to proceed without paying fees upfront and a prisoner authorization. The court ordered him, within 30 days of the order, either to pay the $400 in fees or fully complete and submit the amended application and prisoner authorization forms provided by the court.

The court directed the clerk to assign the matter to the judge’s docket, mail Kruppenbacher a copy of the order, and note service on the docket. No summons was to issue at that time. The court stated that failure to comply within the allowed time would result in dismissal without prejudice, meaning the order did not bar refiling.

The court certified that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees. It also cautioned that a later dismissal for frivolousness, maliciousness, or failure to state a claim could count as a strike under the prisoner-filing statute.

Ruling and classification

Chief United States District Judge Colleen McMahon issued an order requiring updated fee-related filings or payment before the action could proceed. The order did not address whether Kruppenbacher’s underlying claims were legally valid. It is therefore a procedural order.