Overton v. Annucci
- Laura Swain
- 1:23-cv-06908
- U.S. District Court · Southern District of New York
- 1
In Overton v. Annucci, Chief Judge Swain dismissed the action without prejudice because Overton neither submitted required forms nor paid filing fees.
Terel Overton's action was dismissed without prejudice for failing to submit the required filing documents or pay the filing fees. Any pending motions were denied as moot, and fee-waiver status for an appeal was denied.
What happened
In Overton v. Annucci, the court had ordered Terel Overton to submit an application to waive the filing fee and a prisoner authorization, or pay the required $402 in fees.
Overton did not submit the required documents or pay the fees within the time allowed. The court’s order had warned that failing to do so would result in dismissal.
Chief Judge Laura Taylor Swain dismissed the action without prejudice and denied any pending motions as moot. She also denied fee-waiver status for any appeal and directed the clerk to enter judgment.
The detailed version
- Overton v. Annucci · No. 1:23-cv-06908
- Laura Swain
- Oct. 13, 2023
Background
On August 8, 2023, the court directed Terel Overton to submit, within 30 days, a completed application to proceed without paying the filing fee and a prisoner authorization, or to pay the $402 in fees required to file a civil action. The court warned that failure to comply would result in dismissal.
What the Court Decided
Overton did not submit the application and prisoner authorization and did not pay the filing fees. The court therefore dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the underlying claims.
The court also denied any pending motions as moot. It certified that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The court directed the clerk to enter judgment dismissing the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.