Ramos v. Annucci
- Cathy Seibel
- 7:23-cv-06916
- U.S. District Court · Southern District of New York
- 5
In Ramos v. Annucci, Judge Swain ordered Ivan T. Ramos to pay filing fees or submit fee-waiver forms within 30 days before the case proceeds.
Ivan T. Ramos is required to pay the fees or submit the required fee-waiver materials within 30 days. The defendants are not required to respond at this stage because no summons has been issued.
What happened
In Ramos v. Annucci, Ivan T. Ramos, who is incarcerated and representing himself, filed a complaint without paying the required fees or submitting the required forms to request payment without prepaying fees.
The court gave Ramos 30 days to either pay $402 or submit a completed application and authorization allowing filing-fee deductions from his prison account. No summons will be issued yet, and the action will be dismissed if he does not comply within that time.
Judge Laura Taylor Swain also denied payment-without-prepayment status for an appeal from this order, finding that such an appeal would not be taken in good faith.
The detailed version
- Ramos v. Annucci · No. 7:23-cv-06916
- Cathy Seibel
- Aug. 9, 2023
Background
Ivan T. Ramos, who is incarcerated at Sing Sing Correctional Facility and is representing himself, filed this action against Anthony Annucci, Joseph Sergeant, and two defendants identified as John Doe. The opinion does not address the underlying claims. Ramos submitted his complaint without paying the required filing fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization.
Order
The court explained that a prisoner must either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or request permission to proceed without prepaying fees by submitting a signed application and prisoner authorization. If that request is granted, the $350 filing fee must still be collected in installments from the prisoner's account; the $52 administrative fee does not apply to a person granted that status.
The court ordered Ramos, within 30 days of the order, to do one of two things: pay the $402 in fees, or submit the required application and prisoner authorization labeled with docket number 23-CV-6916 (LTS). No summons will be issued at this time. If Ramos complies, the case will be processed under the Clerk's Office procedures. If he does not comply within the allowed period, the action will be dismissed.
Other Ruling
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 purposes of an appeal. The order also cautioned that certain dismissals of prisoner actions can count as strikes under the federal statute governing prisoner fee waivers.
Disposition
The order directs payment of fees or submission of the required application and prisoner authorization; it does not decide the underlying claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.