Lind v. Annucci
- Cathy Seibel
- 7:23-cv-06903
- U.S. District Court · Southern District of New York
- 5
In Lind v. Annucci, Judge Laura Taylor Swain ordered Eligidio Lind to pay $402 or submit forms to proceed without prepaying fees.
Eligidio Lind and the further processing of his civil action. He must pay the required fees or submit the required forms within 30 days.
What happened
In Lind v. Annucci, Eligidio Lind, who is incarcerated and representing himself, filed a civil lawsuit without paying the required fees or submitting the required forms to request permission to proceed without prepaying them.
The court explained that a prisoner must either pay $402 or submit a completed application and authorization allowing filing-fee payments to be deducted from the prison account. The court also stated that no summons would be issued at that time.
Within 30 days, Lind must pay the fees or submit the required forms, or the action will be dismissed. Judge Laura Taylor Swain also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Lind v. Annucci · No. 7:23-cv-06903
- Cathy Seibel
- Aug. 9, 2023
Background
Eligidio Lind, who is incarcerated at Sing Sing Correctional Facility and is representing himself, filed this civil action against Anthony Annucci, Joseph Sergeant, and two defendants identified as John Doe. Lind submitted his complaint without paying the required filing fees and without completing an application to proceed without prepaying fees or a prisoner authorization.
Fee requirements
The court explained that filing a civil action requires $402 in fees: a $350 filing fee and a $52 administrative fee. A prisoner may ask to proceed without prepaying the fees by submitting a signed application and a prisoner authorization. If that request is granted, the $350 filing fee must still be paid in installments deducted from the prisoner's account. The $52 administrative fee does not apply to a person granted that status.
Order
The court ordered Lind, within 30 days of the order, either to pay the $402 in fees or to submit the attached application and prisoner authorization, labeled with docket number 23-CV-6903 (LTS). No summons would be issued at that time. The court stated that, if Lind 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 appeal without prepaying fees. The order also cautioned that certain dismissals of prisoner cases can count as strikes under federal law.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.