Dennis v. Annucci
- Laura Swain
- 1:23-cv-06899
- U.S. District Court · Southern District of New York
- 1
In Dennis v. Annucci, Judge Swain dismissed the complaint without prejudice because Dennis did not submit required fees or filing forms.
Antwon Dennis’s complaint was dismissed without prejudice. The order also denied him permission to proceed without paying fees for an appeal; the defendants were Commissioner Anthony Annucci and the other listed defendants.
What happened
In Dennis v. Annucci, the court had ordered Antwon Dennis to either pay the $402 filing fee or submit forms requesting permission to proceed without paying the fee, along with an updated signature page.
Dennis did not pay the fee or submit the required forms and signature page by the deadline. The court therefore dismissed the complaint without prejudice.
Judge Swain also ruled that any appeal would not be taken in good faith and denied permission to proceed without paying appellate fees. Judgment was entered.
The detailed version
- Dennis v. Annucci · No. 1:23-cv-06899
- Laura Swain
- Sept. 14, 2023
Background
The court had previously ordered Antwon Dennis to do one of two things within 30 days: pay the $402 fee required to file a civil action, or submit a completed request to proceed without paying the filing fee and a prisoner authorization form. The court also required Dennis to resubmit the complaint’s signature page. The earlier order stated that failing to comply would result in dismissal without prejudice.
Ruling
The court found that Dennis had not paid the filing fee and had not filed the required fee-waiver request, prisoner authorization, or updated signature page. It dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.
The court also certified that any appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for an appeal. Judgment was ordered to enter.
Classification
This is a procedural order because the court dismissed the complaint for failure to comply with filing requirements without reaching the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.