Kruppenbacher v. Annucci
- Colleen McMahon
- 1:20-cv-00109
- U.S. District Court · Southern District of New York
- 1
In Kruppenbacher v. Annucci, Judge McMahon dismissed the complaint without prejudice because Kruppenbacher neither paid fees nor submitted required forms.
The dismissal affected Joseph Kruppenbacher's complaint, which was dismissed without prejudice because he did not submit the required filing forms or pay the filing fee. The court also denied fee-free status for an appeal.
What happened
Joseph Kruppenbacher brought this case against Anthony J. Annucci and others in the Southern District of New York.
The court had ordered Kruppenbacher to submit an application to proceed without paying the filing fee and a prisoner authorization, or to pay the required filing fees. He did neither within the required time.
Judge Colleen McMahon dismissed the complaint without prejudice. She also denied permission to appeal without paying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Kruppenbacher v. Annucci · No. 1:20-cv-00109
- Colleen McMahon
- Mar. 9, 2020
Background
The court had previously ordered Joseph Kruppenbacher to submit a completed application to proceed without paying the filing fee and a prisoner authorization within 30 days, or to pay the $400 required to file a civil action. The order warned that failing to comply would result in dismissal. The opinion states that the clerk mailed the order on January 8, 2020, but it was returned as undeliverable; the clerk remailed it on January 22, 2020.
Ruling
The court stated that Kruppenbacher had not submitted the required application and authorization or paid the filing fee. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the merits of the complaint.
Appeal-Fee Determination
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying fees. Judge Colleen McMahon directed the clerk 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.