Pek v. Annucci
- Cathy Seibel
- 7:23-cv-06914
- U.S. District Court · Southern District of New York
- 5
In Pek v. Annucci, Chief Judge Swain ordered Pek to pay filing fees or submit forms within 30 days, or face dismissal.
Eric Pek must either pay the required fees or submit the required forms within 30 days; otherwise, his action will be dismissed. The order also affects his ability to appeal this order without prepaying fees.
What happened
Eric Pek sued Anthony Annucci and other defendants, but he filed the case without paying the required fees or submitting the forms needed to request permission to proceed without prepaying them. The opinion says Pek is incarcerated and representing himself.
The court ordered Pek, within 30 days, either to pay $402 or submit a completed application and authorization allowing installment deductions from his prison account. The court did not issue summonses at that time.
If Pek does not comply within the deadline, the action will be dismissed; if he complies, the case will be processed under the Clerk’s Office procedures. Chief 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
- Pek v. Annucci · No. 7:23-cv-06914
- Cathy Seibel
- Aug. 17, 2023
Background
Eric Pek filed this civil action against Anthony Annucci, Joseph Sergeant, and two defendants identified as John Doe. The opinion states that Pek is incarcerated at Sing Sing Correctional Facility and is representing himself.
A prisoner starting a civil case must either pay the required fees or ask to proceed without prepaying them. The court states that the total fees are $402: a $350 filing fee and a $52 administrative fee. A prisoner who receives permission to proceed without prepaying fees must still pay the $350 filing fee in installments, deducted from the prison account. The prisoner must submit a signed application and an authorization allowing those deductions, along with certified account statements for the previous six months.
Order
Pek submitted his complaint without the fees, a completed application to proceed without prepaying fees, or a prisoner authorization. The court ordered him, within 30 days of the order, to do one of two things: pay the $402 in fees, or submit the application and prisoner authorization. The documents were to identify docket number 23-CV-6914 (LTS).
The court directed that no summons be issued at that time. If Pek 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.
The court also certified that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order cautioned that certain dismissals of a prisoner’s federal civil action or appeal can count as “strikes” under the federal prisoner-litigation statute.
Disposition
Judge Laura Taylor Swain ordered Pek to pay the required fees or submit the required forms within 30 days. The order did 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.