Arriaga v. Annucci
- Laura Swain
- 1:23-cv-06896
- U.S. District Court · Southern District of New York
- 5
In Arriaga v. Annucci, Judge Swain ordered Carlos Arriaga to pay filing fees or submit applications to proceed without prepayment.
Carlos Arriaga was required to pay the filing fees or submit the specified documents before his case could proceed. The defendants were not yet served because no summons was issued.
What happened
Arriaga v. Annucci concerns Carlos Arriaga’s civil case against Anthony Annucci and other defendants. Arriaga filed the complaint without paying the required fees or submitting the required paperwork to request payment without prepayment.
The court gave Arriaga 30 days to either pay $402 in fees or submit a signed application to proceed without prepayment and a prisoner authorization. The authorization would allow the $350 filing fee to be deducted from his prison account in installments.
Judge Laura Taylor Swain directed Arriaga to meet one of those requirements before the case could proceed. No summons would be issued at that time, and the action would be dismissed if he did not comply; the court also denied payment-without-prepayment status for any appeal from the order.
The detailed version
- Arriaga v. Annucci · No. 1:23-cv-06896
- Laura Swain
- Aug. 8, 2023
Background
Carlos Arriaga, who was incarcerated at Sing Sing Correctional Facility and represented himself, filed a civil action against Anthony Annucci, identified as Commissioner of the New York State Department of Corrections and Community Supervision, Joseph Sergeant, and two defendants identified as John Doe. The complaint was filed without the required fees, a completed application to proceed without prepaying fees, or a prisoner authorization.
Court’s Order
The court explained that a prisoner filing a civil action must either pay $402, consisting of a $350 filing fee and a $52 administrative fee, or request permission to proceed without prepaying fees. If that request is granted, federal law still requires collection of the $350 filing fee in installments from the prisoner’s account. The prisoner authorization also directs the correctional facility to make those deductions and provide certified account statements for the previous six months.
The court ordered Arriaga, within 30 days of the order, to either pay the $402 in fees or submit the attached application and prisoner authorization. The documents were to identify docket number 23-CV-6896 (LTS).
Disposition and Effect
The court directed that no summons be issued at that time. If Arriaga complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the allowed time, the action would be dismissed. The court certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not address the underlying claims against the defendants.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.