Arriaga v. Annucci
- Laura Swain
- 1:23-cv-06896
- U.S. District Court · Southern District of New York
- 2
In Arriaga v. Annucci, Judge Swain dismissed the complaint without prejudice because Arriaga neither paid filing fees nor submitted required forms.
Carlos Arriaga’s complaint was dismissed without prejudice because he neither submitted the required forms nor paid the filing fees; the opinion does not decide his underlying claims.
What happened
In Arriaga v. Annucci, the court had ordered Carlos Arriaga to submit forms requesting permission to proceed without paying the filing fee, along with a prisoner authorization, or pay the required $402 in fees. The order warned that failing to do so would result in dismissal.
Arriaga did not submit the required forms or pay the fees. The opinion does not address the underlying claims against the defendants.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. She also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith. The Clerk was directed to enter judgment, and all pending matters were terminated.
The detailed version
- Arriaga v. Annucci · No. 1:23-cv-06896
- Laura Swain
- Oct. 12, 2023
Background
Carlos Arriaga brought this action against Anthony Annucci, Joseph Sergeant, and two defendants identified as John Doe. The court’s August 8, 2023 order directed Arriaga, within 30 days, either to submit a completed application to proceed without paying the filing fee and a prisoner authorization or to pay the $402 required to file a civil action. That order stated that failure to comply would result in dismissal.
Failure to Comply
Arriaga did not submit the application and prisoner authorization, and he did not pay the filing fees. The opinion does not reach the merits of his claims.
Ruling
Chief United States District Judge Laura Taylor Swain dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The Clerk of Court was directed to enter judgment, and all pending matters were terminated.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.