Colson v. Annucci
- Laura Swain
- 1:23-cv-00766
- U.S. District Court · Southern District of New York
- 2
In Colson v. Annucci, Chief Judge Swain dismissed Colson’s unreadable complaint without prejudice after he failed to resubmit it.
Ronald R. Colson’s case was dismissed without prejudice. Commissioner Anthony J. Annucci and the other defendants were affected because the complaint against them was dismissed, without a ruling on the underlying claims.
What happened
Colson v. Annucci concerned Ronald R. Colson’s complaint against Commissioner Anthony J. Annucci and other defendants. The court had previously ordered Colson to submit a readable complaint because the original was almost entirely illegible.
Colson did not resubmit the complaint within the allowed time and did not ask for more time. The court’s earlier order had warned that failing to comply would lead to dismissal without prejudice.
On May 22, 2023, Chief United States District Judge Laura Taylor Swain dismissed the complaint without prejudice under Rule 8. The court allowed Colson to seek reopening within a reasonable time if he submitted a readable complaint and showed good cause for the delay. The court also denied fee-free status for an appeal and directed the Clerk to enter judgment.
The detailed version
- Colson v. Annucci · No. 1:23-cv-00766
- Laura Swain
- May 22, 2023
Background
Ronald R. Colson filed a complaint against Commissioner Anthony J. Annucci and other defendants. The opinion does not describe the underlying claims in detail, but it refers to the three-year limitations period generally applicable to claims under 42 U.S.C. § 1983. The complaint was filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1).
Prior order and noncompliance
On March 29, 2023, the court ordered Colson to resubmit the complaint within 30 days because it was typed in ink that was too light to read and was almost entirely illegible. That order stated that failure to comply would result in dismissal without prejudice. Colson neither resubmitted the complaint within the deadline nor requested an extension of time.
Ruling
Chief United States District Judge Laura Taylor Swain dismissed the complaint without prejudice under Rule 8 of the Federal Rules of Civil Procedure. The opinion does not state that the court reached the merits of Colson’s underlying claims. The court said that Colson could move to reopen the matter under the same docket number within a reasonable time if he submitted a legible complaint reasserting the claims and showed good cause for not meeting the deadline.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The Clerk of Court was directed to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.