Scott v. Annucci
- Laura Swain
- 1:23-cv-06921
- U.S. District Court · Southern District of New York
- 3
In Scott v. Annucci, Judge Swain ordered James Scott to provide an original signature and pay fees or submit forms, or the case will be dismissed.
James Scott must provide the required payment or IFP paperwork and an original signature within 30 days to avoid dismissal of the action. The defendants are not required to respond at this stage because no summons has issued.
What happened
In Scott v. Annucci, James Scott filed a civil action without paying the required fees, completing an application to proceed without prepaying fees, or signing the complaint. The court also noted that he is incarcerated and representing himself.
The court ordered Scott, within 30 days, either to pay $402 in fees or submit the required application and authorization for payments to be deducted from his prison account. It also ordered him to submit an original signature page for the complaint. No summons will be issued yet, and the action will be dismissed if he does not comply.
Judge Laura Taylor Swain issued the order on August 8, 2023. She also denied permission to appeal without prepaying fees, finding that any appeal from the order would not be taken in good faith.
The detailed version
- Scott v. Annucci · No. 1:23-cv-06921
- Laura Swain
- Aug. 8, 2023
Background
James Scott filed this civil action without a filing-fee payment, a completed application to proceed in forma pauperis (IFP), or a prisoner authorization. IFP status allows an eligible prisoner to proceed without prepaying the fees, although the $350 filing fee must generally be collected in installments from the prisoner’s account. Scott also submitted the complaint without his signature. The opinion states that Scott is incarcerated at Sing Sing Correctional Facility and is proceeding without a lawyer.
Court’s Order
The court directed Scott, within 30 days of the order, to do one of the following: pay $402 in fees, consisting of a $350 filing fee and a $52 administrative fee; or submit the attached IFP application and prisoner authorization. The authorization would allow deductions from his account and permit the facility to send the court certified copies of his account statements for the previous six months. The court also directed Scott to resubmit the complaint’s signature page with an original signature.
No summons will be issued at this time. The court stated that, if Scott complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed. The court further certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.
Effect of the Order
The order addresses filing requirements and does not decide the underlying claims against the defendants. Judge Laura Taylor Swain’s order therefore leaves the action subject to dismissal if Scott does not provide the required payment or forms and the original signature within 30 days.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.