Turner v. Annucci
- Laura Swain
- 1:23-cv-06897
- U.S. District Court · Southern District of New York
- 1
In Turner v. Annucci, Judge Swain granted Turner’s request to voluntarily dismiss the action without prejudice and closed the case.
Terrence Turner’s action against Anthony Annucci, Commissioner, NYS DOCCS, and the other named defendants was voluntarily dismissed; all pending matters were terminated and the case was closed.
What happened
Turner v. Annucci concerns a case in which Terrence Turner told the court he wanted to withdraw his action. The opinion does not describe the underlying claims.
The court treated Turner’s letter as a request to voluntarily dismiss the case under the federal civil-procedure rule governing voluntary dismissals. It granted the request and dismissed the action without prejudice.
Judge Laura Taylor Swain terminated all other pending matters, closed the case, and denied permission to appeal without paying court fees because she certified that an appeal would not be taken in good faith.
The detailed version
- Turner v. Annucci · No. 1:23-cv-06897
- Laura Swain
- Aug. 28, 2023
Background
On August 25, 2023, the court received a letter from Terrence Turner stating that he wanted to withdraw this action. The opinion does not describe the underlying claims or defenses.
Ruling
The court treated Turner’s letter as a motion for voluntary dismissal under Rule 41(a) of the Federal Rules of Civil Procedure. Judge Laura Taylor Swain granted the request and dismissed the action without prejudice.
Additional Disposition
The court terminated all other pending matters and closed the case. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith, so permission to appeal without paying court fees was denied.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.