Kruppenbacher v. Annuci
- Colleen McMahon
- 1:20-cv-00071
- U.S. District Court · Southern District of New York
- 1
In Kruppenbacher v. Annuci, Judge McMahon dismissed the complaint without prejudice because Kruppenbacher did not submit required fee paperwork or pay the filing fee.
Joseph Kruppenbacher's complaint was dismissed without prejudice because he did not complete the required fee-related paperwork or pay the filing fee; fee-free status was also denied for an appeal.
What happened
In Kruppenbacher v. Annuci, the court had ordered Joseph Kruppenbacher to submit an amended application to proceed without paying filing fees and a prisoner authorization, or pay the $400 filing fee.
The order gave Kruppenbacher 30 days and warned that failing to comply would lead to dismissal. He did not submit the paperwork or pay the fee.
Judge Colleen McMahon dismissed the complaint without prejudice, allowing Kruppenbacher to refile it as a new action. The judge also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Kruppenbacher v. Annuci · No. 1:20-cv-00071
- Colleen McMahon
- Feb. 10, 2020
Background
Joseph Kruppenbacher brought a civil action against Anthony J. Annuci and other defendants. On January 7, 2020, the court directed Kruppenbacher to submit an amended application to proceed without paying filing fees and a prisoner authorization, or to pay the $400 filing fee required to file a civil action.
Reason for Dismissal
The January 7 order gave Kruppenbacher 30 days to comply and warned that the complaint would be dismissed if he did not. Kruppenbacher did not submit the amended fee application and prisoner authorization, and he did not pay the filing fee.
Ruling
The court dismissed the complaint without prejudice to Kruppenbacher refiling it as a new action. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. Judge Colleen McMahon directed the Clerk of Court to mail the order to Kruppenbacher and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.