Rivera v. Annucci

Background

William Rivera, who is incarcerated at Groveland Correctional Facility, brought this civil action without a lawyer against Anthony Annucci, identified in the caption as the Acting Commissioner of the New York State Department of Corrections and Community Supervision. Rivera's complaint was originally filed in the Northern District of New York and was transferred to the Southern District of New York.

A prisoner who wants to proceed without paying court fees in advance must submit an application to proceed without prepayment of fees and a prisoner authorization. The authorization permits the prison to deduct installments of the filing fee from the prisoner's account and send the payments and account statements to the court. Rivera submitted both documents, but his authorization directed the payments to the Northern District of New York rather than this court.

Order

The court ordered Rivera, within 30 days, either to pay the $402 filing and administrative fees or to submit the attached corrected prisoner authorization. The corrected authorization had to identify docket number 22-CV-4787 (LTS). The court stated that no summons would issue at that time. If Rivera complied, the case would be processed under the Clerk's Office procedures; if he did not comply within the allowed period, the action would be dismissed.

The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not address the merits of Rivera's underlying claims. It also cautioned that certain dismissals of prisoner actions can count as strikes under 28 U.S.C. § 1915(g).