Bussey v. Annucci
- Laura Swain
- 1:23-cv-06913
- U.S. District Court · Southern District of New York
- 2
In Bussey v. Annucci, Judge Swain dismissed the complaint without prejudice after Bussey neither paid the filing fee nor submitted required forms.
Kevin Bussey's complaint was dismissed without prejudice because he did not submit the required forms or pay the $402 filing fee. The court also denied fee-free status for an appeal and terminated all pending matters.
What happened
In Bussey v. Annucci, the court had ordered Kevin Bussey to submit an application to proceed without paying the filing fee in advance, a prisoner authorization form, or the required $402 fee.
The order warned that failing to comply within 30 days would lead to dismissal. Bussey did not submit the forms or pay the fee.
Judge Laura Taylor Swain dismissed the complaint without prejudice, denied fee-free status for any appeal, and directed the clerk to enter judgment. All pending matters were terminated.
The detailed version
- Bussey v. Annucci · No. 1:23-cv-06913
- Laura Swain
- Oct. 12, 2023
Background
Kevin Bussey sued Anthony Annucci and other defendants. The opinion does not describe the claims underlying the lawsuit.
By an order dated August 9, 2023, the court directed Bussey, within 30 days, either to submit an application to proceed without paying the filing fee in advance and a prisoner authorization form or to pay the $402 filing fee. The order stated that failure to comply would result in dismissal.
What the Court Decided
Bussey did not submit the application and prisoner authorization, and he did not pay the required fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not reach the merits of Bussey's claims.
The court certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. 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.