Falls v. Annucci
- Laura Swain
- 1:22-cv-08055
- U.S. District Court · Southern District of New York
- 1
In Falls v. Annucci, Judge Swain dismissed the petition without prejudice after Falls failed to file the required amended petition.
Raiquan K. Falls’s petition was dismissed without prejudice; the respondents were Anthoy J. Annucci, Carl E. DuBois, and Jude T. Martini. Any appeal would require a certificate of appealability, which the court declined to issue, and permission to appeal without paying filing fees was denied.
What happened
In Falls v. Annucci, Raiquan K. Falls was required to submit an amended petition after the court’s November 4, 2022 order. That order warned that failing to do so within 60 days would lead to dismissal.
Falls did not file an amended petition. The opinion does not decide the underlying issues raised in the petition.
The court dismissed the petition without prejudice, meaning it was not barred from being filed again on that basis. Judge Laura Taylor Swain also declined to issue a certificate of appealability and denied permission to appeal without paying filing fees.
The detailed version
- Falls v. Annucci · No. 1:22-cv-08055
- Laura Swain
- Jan. 19, 2023
Background
Raiquan K. Falls filed a petition against Anthoy J. Annucci, Carl E. DuBois, and Jude T. Martini. The court’s November 4, 2022 order directed Falls to file an amended petition within 60 days and stated that failure to comply would result in dismissal.
Court’s Ruling
Falls did not file an amended petition. The court therefore dismissed the petition without prejudice. The order does not reach the petition’s underlying legal issues, so the dismissal was based on the failure to follow the court’s filing directive rather than a decision on the merits.
The court also determined that the petition did not make a substantial showing that a constitutional right had been denied, so it would not issue a certificate of appealability. A certificate of appealability is a document required for an appeal in this type of proceeding. The court further certified that any appeal would not be taken in good faith and denied Falls permission to appeal without paying filing fees. The Clerk of Court was directed to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.