Jones v. Annucci
- Laura Swain
- 1:23-cv-06917
- U.S. District Court · Southern District of New York
- 2
In Jones v. Annucci, Judge Swain dismissed the action without prejudice after Jones failed to pay fees, file required forms, or submit signed pages.
Daniel Jones’s action against Anthony Annucci and the other named defendants was dismissed without prejudice; any pending motions were denied as moot.
What happened
In Jones v. Annucci, the court ordered Daniel Jones to either submit paperwork requesting permission to proceed without paying filing fees and a required prisoner authorization, or pay the $402 filing fee. The court also ordered him to resubmit original signed pages for his complaint and motion for appointment of counsel.
Jones did not submit the required paperwork, pay the filing fee, or provide signed pages, even after the court warned that failing to comply would lead to dismissal.
Judge Laura Taylor Swain dismissed the action without prejudice, meaning it was not permanently barred on that basis, and denied any pending motions as moot. She also denied permission to appeal without paying fees because the appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
The detailed version
- Jones v. Annucci · No. 1:23-cv-06917
- Laura Swain
- Oct. 13, 2023
Background
The court had issued two earlier orders. In an August 8, 2023 order, it directed Daniel Jones, within 30 days, to submit 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 order warned that failing to comply would result in dismissal.
In an August 9, 2023 order, the court directed Jones, also within 30 days, to resubmit the signature pages of his complaint and his motion for appointment of counsel with original signatures. That order likewise warned that failure to comply would result in dismissal.
Court’s Ruling
The court found that Jones had not submitted the application or prisoner authorization, paid the filing fees, or submitted signed signature pages. It therefore dismissed the action without prejudice. The court also denied any pending motions as moot.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to appeal without paying fees. It directed the Clerk of Court to enter a judgment dismissing the action.
Classification
This was a procedural dismissal based on Jones’s failure to satisfy filing requirements. The court did not decide the underlying claims against Anthony Annucci or the other defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.