Campbell v. Annucci
- Cathy Seibel
- 7:23-cv-06900
- U.S. District Court · Southern District of New York
- 7
Campbell v. Annucci: Judge Swain ordered Campbell to provide an original signature and pay fees or request permission to proceed without prepayment.
Robert Campbell, whose case could be processed only after he submitted the required payment or fee-waiver documents and an original signature; the defendants were not required to respond at this stage.
What happened
In Campbell v. Annucci, Robert Campbell filed a civil action without paying the required fees, completing the application to proceed without prepaying fees, or signing the complaint. The opinion states that Campbell was incarcerated and represented himself.
The court gave Campbell 30 days to either pay $402 in fees or submit the required application and authorization for installment payments from his prison account. He also had 30 days to submit an original signature page. The court said no summons would issue at that time.
Judge Laura Taylor Swain ordered that the case would be processed if Campbell complied and would be dismissed if he did not comply within the deadline. The court also denied permission to appeal without prepaying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Campbell v. Annucci · No. 7:23-cv-06900
- Cathy Seibel
- Aug. 17, 2023
Background
Robert Campbell filed this civil action against Anthony Annucci, identified as Commissioner of the New York State Department of Corrections and Community Supervision, Joseph Sergeant, and two defendants identified as John Doe. The opinion states that Campbell was incarcerated at Sing Sing Correctional Facility and was proceeding without a lawyer.
Campbell submitted the complaint without the required filing fees, a completed application to proceed without prepaying fees, and a prisoner authorization. The court explained that the total fees were $402: a $350 filing fee and a $52 administrative fee. If a prisoner is allowed to proceed without prepaying fees, the $350 filing fee is collected in installments from the prison account. Campbell also submitted the complaint without his signature.
Court’s order
The court directed Campbell, 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. The authorization would allow the facility holding him to deduct the $350 filing fee in installments and send the court certified account statements for the previous six months. The documents were to identify docket number 23-CV-6900 (LTS).
The court separately directed Campbell to submit the complaint’s signature page with an original signature within 30 days. The court cited the federal rule requiring an unrepresented party to sign a pleading and explained that the signature must be handwritten or another mark personally placed by the signer.
No summons was to issue at that time. The court stated that the case would be processed under the Clerk’s Office procedures if Campbell complied and that the action would be dismissed if he failed to comply within the allowed time. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.