In re: Javier Pereira

Background

Javier Pereira appeared without a lawyer and was being held at the West Facility on Rikers Island. In an earlier order, the court gave him 30 days to either pay the $405 required filing fee for the civil action or submit an application to proceed without paying the fee, commonly called an application to proceed in forma pauperis, along with a prisoner authorization. The court warned that failing to comply would result in dismissal.

Pereira did not provide the required information within the 30-day period. The court therefore dismissed the action without prejudice. On August 21, 2025—the date the dismissal order and judgment were entered—the court received Pereira’s application and prisoner authorization by mail, and entered them on August 22. The envelope was not postmarked, and Pereira did not state when he submitted the documents to the facility’s mail system. The court also could not determine the meaning of the dates Pereira wrote on the documents, but concluded that he submitted them after the deadline.

Ruling

The court stated that the action remains closed. If Pereira wishes to pursue the claims from this action, he must file another complaint starting a new civil action. He must also either pay the $405 filing fee or submit another completed and signed fee-waiver application and another completed and signed prisoner authorization.

Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied fee-waiver status for purposes of an appeal.