White v. Annucci
- Laura Swain
- 1:23-cv-06901
- U.S. District Court · Southern District of New York
- 1
In White v. Annucci, Judge Swain dismissed Gregory White’s complaint without prejudice after he neither submitted required forms nor paid filing fees.
Gregory White’s complaint against Anthony Annucci, Joseph Sergeant, John Doe, Officer in Charge, and John Doe, Escorting Officer, was dismissed without prejudice because White did not submit the required forms or pay the filing fees.
What happened
White v. Annucci involved Gregory White’s complaint against Anthony Annucci, Joseph Sergeant, and two John Doe defendants. The court had ordered White to submit forms seeking permission to proceed without paying filing fees and authorization related to prisoner litigation, or to pay the required fees.
White did not submit the forms or pay the fees by the deadline. The court therefore dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.
The detailed version
- White v. Annucci · No. 1:23-cv-06901
- Laura Swain
- Oct. 4, 2023
Background
Gregory White filed a complaint against Anthony Annucci, Commissioner of the New York State Department of Corrections and Community Supervision; Joseph Sergeant; and two defendants identified as John Doe, Officer in Charge, and John Doe, Escorting Officer.
By order dated August 17, 2023, the court directed White, within 30 days, either to submit a completed request to proceed without paying filing fees and a prisoner authorization form, or to pay the $402 in fees required to file a civil action. The order warned that failing to comply would result in dismissal.
Ruling
White did not submit the required forms or pay the filing fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also directed the Clerk of Court to enter judgment.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying fees for purposes of an appeal.
Judge
Chief United States District Judge Laura Taylor Swain signed the order on October 4, 2023.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.