Fonseca v. Department of Corrections

Background

Andre Fonseca sued Commissioner Cynthia Brann and other defendants. On November 13, 2020, the court ordered Fonseca, within 30 days, either to submit a completed application to proceed without paying filing fees and a prisoner authorization or to pay the $400 in fees required to bring a civil action in the court. The order warned that failing to comply would result in dismissal.

On January 5, 2021, the order was returned to the court with a notation that Fonseca was no longer held at that facility. Fonseca had not complied with the order, had not notified the court of a change in mailing address, and had not otherwise contacted the court.

Ruling

The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The dismissal was based on Fonseca’s failure to comply with the court’s filing-fee or fee-waiver requirements and his failure to keep the court informed of his address; the opinion does not decide the underlying claims.

The court also 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 filing fees. A footnote explains that although federal filing fees increased to $402 on December 1, 2020, the $400 fee applied because Fonseca filed the action before that date.