Futia v. Briccetti
- Laura Swain
- 1:23-cv-06031
- U.S. District Court · Southern District of New York
- 1
In Futia v. Briccetti, Judge Swain dismissed the complaint without prejudice because Futia neither paid filing fees nor submitted an application to proceed without them.
Anthony J. Futia, Jr.’s complaint was dismissed without prejudice; the opinion does not resolve his claims against the named defendants.
What happened
In Futia v. Briccetti, the court had ordered Anthony J. Futia, Jr., to either submit an application to proceed without paying filing fees or pay the required $402 filing fee within 30 days. The order warned that failing to do so would lead to dismissal.
Futia did not submit the application or pay the fee. The opinion does not address the underlying claims against Judge Vincent Briccetti and the other defendants.
Judge Swain dismissed the complaint without prejudice and directed the clerk to enter judgment. She also ruled that any appeal would not be taken in good faith and denied permission to proceed without paying appeal fees.
The detailed version
- Futia v. Briccetti · No. 1:23-cv-06031
- Laura Swain
- Sept. 6, 2023
Background
On August 2, 2023, the court ordered Anthony J. Futia, Jr., to submit a completed application to proceed without prepaying court fees, or to pay the $402 required to file a civil action. The order gave him 30 days and stated that failure to comply would result in dismissal of the complaint.
Court’s Ruling
The court found that Futia had done neither: he did not submit the application and did not pay the filing fee. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The opinion does not decide the claims against Judge Vincent Briccetti, Mark Osmond, Christopher J. Inzero, Charles H. Schaefer, or Daniel Padernacht.
The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The clerk was directed to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.