Arriaga v. Annucci
- Vincent Briccetti
- 7:23-cv-01941
- U.S. District Court · Southern District of New York
- 3
In Arriaga v. Annucci, Judge Swain ordered Anthony Arriaga to pay filing fees or submit authorization, warning that noncompliance would lead to dismissal.
Anthony Arriaga must either pay $402 in fees or submit the required prisoner authorization within 30 days; otherwise, the action will be dismissed. The order also denies permission to appeal without prepaying fees.
What happened
Arriaga v. Annucci concerns Anthony Arriaga’s federal civil action. Arriaga, who is incarcerated and representing himself, submitted an application to proceed without paying fees upfront but did not submit the required prisoner authorization.
The court gave Arriaga 30 days to either pay $402 in fees or submit the completed authorization. The authorization would allow installment deductions for the $350 filing fee from his prison account and provide the court with his account statements. No summons will issue at this time, and the action will be dismissed if he does not comply.
Chief Judge Laura Taylor Swain also denied permission to appeal without paying fees, certifying that an appeal would not be taken in good faith. The court did not address the underlying claims.
The detailed version
- Arriaga v. Annucci · No. 7:23-cv-01941
- Vincent Briccetti
- Mar. 7, 2023
Background
Anthony Arriaga filed this civil action while incarcerated at Sullivan Correctional Facility and represented himself. He submitted an application to proceed without prepaying court fees, but he did not submit the required prisoner authorization.
Court’s Order
The court explained that a prisoner filing a civil action must either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or request permission to proceed without prepayment of fees. Even if the court grants that request, the Prison Litigation Reform Act requires the $350 filing fee to be collected in installments from the prisoner’s account.
The court ordered Arriaga, within 30 days of the order, to either pay the $402 in fees or complete and submit the attached prisoner authorization. The authorization directs the agency holding him in custody to provide certified account statements for the previous six months, calculate and deduct the required installment payments, and send those payments to the court. The authorization should identify docket number 23-CV-1941 (LTS).
No summons will issue at this time. If Arriaga complies, the Clerk’s Office will process the case under its procedures. If he does not comply within the permitted time, the action will be dismissed. The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
Disposition
Judge Laura Taylor Swain directed Arriaga to pay the fees or submit the prisoner authorization within 30 days. The order did not decide the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.