Capolongo v. Brann

Background

Antonio Capolongo, who was being held at the Vernon C. Bain Center, filed this civil action without a lawyer. He submitted the complaint without paying the required fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization.

Order

The court directed Capolongo, within 30 days of the order, to do one of two things: pay $402 in fees, consisting of a $350 filing fee and a $52 administrative fee, or submit the required application and prisoner authorization. The authorization would allow the $350 filing fee to be deducted in installments from his prison trust fund account and would require submission of certified account statements for the previous six months. The administrative fee does not apply to a prisoner granted permission to proceed without prepaying fees.

The Clerk of Court was directed to mail the order to Capolongo and record service on the docket. No summons would issue at that time. If Capolongo complied, the action would be processed under the Clerk’s Office procedures. If he failed to comply within the allowed time, the action would be dismissed.

Appeal and disposition

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith, so permission to proceed without prepaying fees was denied for purposes of an appeal. The court also cautioned that certain dismissals of prisoner actions can count as strikes under 28 U.S.C. § 1915(g). This order addressed filing requirements and did not reach the merits of Capolongo’s claims. Judge Colleen McMahon issued the order.