Reed v. Annucci
- Cathy Seibel
- 7:23-cv-06918
- U.S. District Court · Southern District of New York
- 5
In Reed v. Annucci, Judge Swain ordered Dwayne Reed to pay filing fees or submit required forms within 30 days, or the action will be dismissed.
Dwayne Reed, who must either pay the required fees or submit the specified application and authorization within 30 days to avoid dismissal of the action; the defendants are not substantively affected by this order.
What happened
In Reed v. Annucci, Dwayne Reed filed a civil lawsuit without paying the required fees or submitting a completed application to proceed without prepaying fees. The opinion says Reed was incarcerated and represented himself.
The court ordered Reed, within 30 days, either to pay $402 in fees or submit the required application and authorization allowing installment payments from his prison account. The court also directed that no summons be issued at that time.
Judge Laura Taylor Swain said the case would be processed if Reed complied, but would be dismissed if he did not. She also denied permission to appeal without prepaying fees, finding that an appeal from the order would not be taken in good faith.
The detailed version
- Reed v. Annucci · No. 7:23-cv-06918
- Cathy Seibel
- Aug. 11, 2023
Background
Dwayne Reed filed this civil action against Anthony Annucci, Joseph Sergeant, and two defendants identified as John Doe. The opinion states that Reed was incarcerated at Sing Sing Correctional Facility and was proceeding without a lawyer. He filed the complaint without paying the required fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization.
Required filing-fee options
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. To make that request, a prisoner must submit a signed application and a prisoner authorization. The authorization permits the facility holding the prisoner to deduct the $350 filing fee from the prison account in installments and requires certified account statements for the prior six months. The $52 administrative fee does not apply to a person granted permission to proceed without prepaying fees.
Ruling
The court ordered Reed to pay the $402 or submit the required application and prisoner authorization within 30 days of the order. The documents were to identify docket number 23-CV-6918 (LTS). The court directed that no summons be issued at that time. It stated that the case would be processed under the Clerk’s Office procedures if Reed complied, and that the action would be dismissed if he did not comply within the allowed time. Judge Laura Taylor Swain also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the merits of Reed’s claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.