Jones v. Annucci

Background

Daniel Jones, who is incarcerated at Sing Sing Correctional Facility, filed this civil action without a lawyer against Anthony Annucci, identified in the caption as Commissioner of New York State Department of Corrections and Community Supervision; Joseph Sergeant; and two unidentified officers. The opinion does not address the underlying claims.

Fees and required forms

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 prepaying fees, commonly called in forma pauperis or IFP status. To make that request, Jones had to submit a signed IFP application and a prisoner authorization.

The prisoner authorization would allow the facility holding Jones to deduct the $350 filing fee from his account in installments and provide the court with certified account statements for the previous six months. The court noted that the $52 administrative fee does not apply to a person granted IFP status.

Order

The court ordered Jones to pay the $402 in fees or submit the completed IFP application and prisoner authorization within 30 days of the order’s date. Any submitted documents were to include docket number 23-CV-6917 (LTS). The court stated that no summons would issue at that time. If Jones complied, the Clerk’s Office would process the case under its procedures; if he did not comply within the deadline, the action would be dismissed.

The court certified that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The opinion also cautioned that certain later dismissals could count as strikes under the prisoner litigation statute, but it did not decide whether any such strike applied in this case.