Campbell v. Annucci
- Laura Swain
- 1:23-cv-06915
- U.S. District Court · Southern District of New York
- 1
In Campbell v. Annucci, Judge Swain dismissed Campbell’s complaint without prejudice because he neither paid filing fees nor submitted required forms.
Vaughn Campbell’s complaint was dismissed without prejudice and without charge because he did not pay the filing fee or submit the required forms. Permission to proceed without paying fees on appeal was also denied.
What happened
In Campbell v. Annucci, the court gave Campbell 30 days to either pay the $402 filing fee or request permission to proceed without paying it and submit a prisoner authorization form.
Campbell did not pay the fee or submit the required forms. The opinion does not describe the claims in the complaint.
Judge Laura Taylor Swain dismissed the complaint without prejudice and without charge. She also denied permission to proceed without paying fees on appeal and entered judgment.
The detailed version
- Campbell v. Annucci · No. 1:23-cv-06915
- Laura Swain
- Sept. 14, 2023
Background
By an order dated August 9, 2023, the court directed Campbell, within 30 days, either to pay the $402 filing fee required to start a civil action or to submit a completed application to proceed without paying the fee, called an in forma pauperis application, along with a prisoner authorization form. The court warned that failure to comply would result in dismissal without prejudice.
What the Court Did
The court found that Campbell had not paid the filing fee or submitted the required application and authorization. It therefore dismissed the complaint without prejudice and without charge under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the substance of Campbell’s claims.
Appeal and Judgment
Judge Laura Taylor Swain certified that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. The court directed that judgment enter.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.