Campbell v. Annucci
- Laura Swain
- 1:23-cv-06915
- U.S. District Court · Southern District of New York
- 5
In Campbell v. Annucci, Judge Swain ordered Vaughn Campbell to pay fees or submit forms to proceed without prepayment.
Vaughn Campbell and the continuation of his civil action against Anthony Annucci, Joseph Sergeant, and the two identified John Doe defendants.
What happened
In Campbell v. Annucci, Vaughn Campbell, who is incarcerated and representing himself, filed a civil action without paying the required fees or submitting a completed application to proceed without prepayment and a prisoner authorization.
The court gave Campbell 30 days to pay $402 or submit the required forms. No summons will be issued yet, and the case will be processed if he complies; if he does not, the action will be dismissed.
Judge Laura Taylor Swain also ruled that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying appeal fees.
The detailed version
- Campbell v. Annucci · No. 1:23-cv-06915
- Laura Swain
- Aug. 9, 2023
Background
Vaughn Campbell filed this civil action without paying filing fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization. The order states that Campbell is incarcerated at Sing Sing Correctional Facility and is representing himself.
Fees and required forms
The court explained that a prisoner who brings a civil action must either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or ask to proceed without prepaying fees. If the court grants that request, the $350 filing fee must still be collected in installments from the prisoner's account. The prisoner authorization permits the facility to make those deductions and requires certified account statements for the past six months to be sent to the court.
Order
The court ordered Campbell, within 30 days of the order, to either pay the $402 in fees or submit the attached application and prisoner authorization, labeled with docket number 23-CV-6915 (LTS). No summons will be issued at this time. If Campbell complies, the Clerk's Office will process the case under its procedures. If he does not comply within the allowed time, the action will be dismissed.
The court also certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order does not decide the underlying claims against the defendants.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.