Bing v. Annucci
- Laura Swain
- 1:22-cv-04210
- U.S. District Court · Southern District of New York
- 1
In Bing v. Annucci, Judge Swain dismissed Bing’s complaint after he failed to file an amended complaint and denied fee-free appeal status.
Kalleem Bing’s complaint was dismissed, and he was denied fee-free status for an appeal. Commissioner Anthony Annucci was the defendant named in the action.
What happened
In Bing v. Annucci, the court had ordered Kalleem Bing to file an amended complaint within 60 days and later gave him an additional 30 days. Bing did not file the amended complaint.
The court dismissed the complaint for failure to state a claim under the federal statute governing complaints filed without paying the filing fee. The opinion does not state the underlying claim’s subject matter.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Bing fee-free status for an appeal. The court directed the Clerk of Court to enter judgment.
The detailed version
- Bing v. Annucci · No. 1:22-cv-04210
- Laura Swain
- Nov. 15, 2022
Background
Kalleem Bing filed the complaint without paying the filing fee under 28 U.S.C. § 1915(a)(1). On June 21, 2022, the court directed him to file an amended complaint within 60 days and stated that failing to do so would result in dismissal. On September 1, 2022, the court gave Bing an additional 30 days to file the amended pleading. Bing did not file an amended complaint.
Ruling
The court dismissed the complaint for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii), which permits dismissal of a complaint filed without paying the filing fee when it does not state a legally sufficient claim. The opinion does not explain what claim Bing intended to bring or address its underlying merits.
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 Bing the ability to proceed without paying the filing fee for an appeal. The court directed the Clerk of Court to enter judgment. The opinion does not state that the dismissal was with or without prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.