Wright v. Annucci
- Cathy Seibel
- 7:23-cv-06910
- U.S. District Court · Southern District of New York
- 2
In Wright v. Annucci, Judge Swain gave Deshard Wright 30 days to pay fees or submit required forms, warning the action would be dismissed.
Deshard Wright and the continuation of his action against Commissioner Anthony Annucci and the other named defendants.
What happened
In Wright v. Annucci, Deshard Wright, who is incarcerated, had not paid the required $402 in fees or submitted forms asking to proceed without paying the filing fee upfront. He did file an amended complaint, showing that he wanted to continue the case.
The court gave Wright another 30 days to either pay the full $402 or complete, sign, and submit the required forms. The court said no summons would be issued yet and warned that the action would be dismissed if Wright did not comply.
Judge Laura Taylor Swain issued the order on October 4, 2023. She also denied Wright permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Wright v. Annucci · No. 7:23-cv-06910
- Cathy Seibel
- Oct. 4, 2023
Background
The court had previously directed Deshard Wright, who is incarcerated, to pay $402 in fees: a $350 filing fee and a $52 administrative fee. Instead, Wright could request permission to proceed without paying the filing fee upfront by submitting an application and a prisoner authorization. Wright did not pay the fees or submit those documents, but he filed an amended complaint.
Order
The court granted Wright an additional 30 days from the date of the order to either pay the full $402 or complete, sign, and submit the required application and prisoner authorization. The court directed that no summons be issued at that time. It stated that, if Wright complied, the case would be processed through the Clerk’s Office procedures; if he failed to comply within the allowed time, the action would be dismissed.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without paying fees.
Disposition
This was a procedural order concerning payment of filing fees and the required application to proceed without prepaying them. It did not decide the claims in the amended complaint. Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.