Perez Perez v. Abrams

Background

Victor Manuel Perez Perez sued Ronnie Abrams, a judge of the Southern District of New York, seeking money damages for what he described as alleged bias and delay in producing an order affecting his civil rights in a case before Judge Abrams.

Chief Judge Swain denied Perez Perez’s application to proceed without paying the filing fee because he had not alleged facts showing that he lacked sufficient assets to pay the fee. After Perez Perez paid the filing fee, he moved for reconsideration of that denial. The district court denied the motion for the same reasons given by Chief Judge Swain.

Perez Perez then filed an interlocutory appeal in the Second Circuit from Chief Judge Swain’s order. He also filed an “Ex Parte Petition to Proceed In Forma Pauperis” in the district court, again seeking reconsideration of the fee decision.

Court’s Analysis

The court explained that filing a notice of appeal gives the appeals court authority over the parts of the case involved in the appeal and removes the district court’s authority to control those matters. The court also noted that an interlocutory appeal may be taken from an order denying permission to proceed without paying the filing fee.

Because Perez Perez’s district-court petition raised the same issues that were already on appeal, the court concluded that it lacked jurisdiction—that is, legal authority—to consider the petition.

Disposition

The court did not consider the merits of Perez Perez’s request for permission to proceed without paying the filing fee. It ruled that the district court lacked jurisdiction to consider the petition while the same issue was pending on appeal. The clerk was directed to mail Perez Perez a copy of the order at the mailing address provided to the clerk.