Corbin v. Annucci
- Laura Swain
- 1:23-cv-06907
- U.S. District Court · Southern District of New York
- 2
In Corbin v. Annucci, Judge Swain dismissed Ricardo Corbin’s complaint without prejudice after he neither paid filing fees nor submitted required forms.
Ricardo Corbin’s case was dismissed without prejudice because he did not submit the required filing forms or pay the filing fees. The order also denied him permission to appeal without paying the appeal fee.
What happened
Ricardo Corbin filed this case against Anthony Annucci and other defendants. The court had ordered Corbin to either submit forms requesting permission to proceed without paying the filing fee and authorizing deductions from his prisoner account, or pay the required $402 filing fees.
The deadline passed, and Corbin did not submit the forms or pay the fees. The court’s earlier order warned that failing to comply would result in dismissal.
Judge Laura Taylor Swain dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. She also denied permission to appeal without paying the appeal fee, finding that an appeal would not be taken in good faith, and directed the clerk to enter judgment.
The detailed version
- Corbin v. Annucci · No. 1:23-cv-06907
- Laura Swain
- Oct. 12, 2023
Background
Ricardo Corbin brought this action against Anthony Annucci, Joseph Sergeant, and two defendants identified as John Doe. The court’s August 9, 2023 order required Corbin, within 30 days, to either submit an application to proceed without paying the filing fee and a prisoner authorization or pay the $402 filing fees required to begin a civil action.
Court’s Ruling
Corbin did not submit the required application and prisoner authorization, and he did not pay the filing fees. The August 9 order stated that failure to comply would result in dismissal. Based on that failure, Judge Laura Taylor Swain dismissed the complaint without prejudice.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied permission to appeal without paying the appeal fee. The clerk 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.