Petroceli v. FBI Buffalo Division Field Office

Background

Domingos Lugao Petroceli brought the action without a lawyer. To begin a civil case in the Southern District of New York, a plaintiff must either pay $402 in fees or apply to proceed in forma pauperis (IFP), meaning without paying the filing fees in advance.

Petroceli submitted an IFP application, but the court found that his answers did not show that he was unable to pay. He had left most of the application’s questions unanswered, preventing the court from determining his ability to pay.

Order

The court directed Petroceli, within 30 days of the order, either to pay the $402 filing and administrative fees or submit an amended IFP application. The amended application had to identify docket number 21-CV-1205 (CM) and provide facts showing that he could not pay. The court stated that, if it granted the amended application, Petroceli could proceed without prepaying the fees.

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

Appeal ruling

Chief Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied IFP status for purposes of an appeal.