Bellamy v. Annucci
- Colleen McMahon
- 1:21-cv-01979
- U.S. District Court · Southern District of New York
- 2
In Bellamy v. Annucci, Judge McMahon dismissed the transferred complaint without prejudice because Bellamy neither paid the filing fee nor submitted required forms.
James Bellamy's transferred claims arising at Downstate Correctional Facility were dismissed without prejudice because he did not submit the required filing forms or pay the filing fee. The order also denied permission to appeal without prepaying the appeal fee.
What happened
In Bellamy v. Annucci, claims arising at Downstate Correctional Facility were transferred from another federal court and opened under a new docket number in the Southern District of New York. The court directed James Bellamy to submit forms to request permission to proceed without paying the filing fee, or to pay the required $402 fee.
Bellamy did neither within the required thirty days. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also denied permission to appeal without paying the appeal fee, finding that any appeal would not be taken in good faith.
Judge Colleen McMahon issued the dismissal order on April 14, 2021. The order directed the Clerk to mail Bellamy a copy and record service on the docket.
The detailed version
- Bellamy v. Annucci · No. 1:21-cv-01979
- Colleen McMahon
- Apr. 14, 2021
Background
James Bellamy originally filed an action in the U.S. District Court for the Western District of New York. That court severed the claims arising at Downstate Correctional Facility and transferred them to the Southern District of New York, where the claims were opened under docket number 21-CV-1979 (CM). The current caption identifies John Bendheim, Doctor Mario Malvarosa, and Downstate Correctional Facility as defendants.
Filing-fee requirement
On March 10, 2021, the court directed Bellamy, within thirty days, either to submit a completed application to proceed without paying the filing fee and a required prisoner authorization, or to pay the $402 fee for filing a civil action. The order warned that failure to comply would result in dismissal.
Ruling
Bellamy did not submit the application and prisoner authorization and did not pay the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying the appeal fee. The Clerk was directed to mail Bellamy a copy of the order and record service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.