Petroceli v. Varengold
- Laura Swain
- 1:21-cv-01212
- U.S. District Court · Southern District of New York
- 1
In Petrocelit v. Varengold, Judge McMahon dismissed the complaint without prejudice after Petrocelit neither paid fees nor submitted the required IFP application.
The dismissal affected Domingos Lugao Petrocelit’s complaint against Varengold. The complaint was dismissed without prejudice because Petrocelit neither submitted the required amended fee-waiver application nor paid the filing fee; permission to proceed without paying fees on appeal was also denied.
What happened
Domingos Lugao Petrocelit sued Varengold in the Southern District of New York. The court had ordered Petrocelit to submit an amended request to proceed without paying filing fees or pay the required $402 filing fee within 30 days.
Petrocelit did neither. The opinion does not discuss the underlying claims or their merits.
In Domingos Lugao Petrocelit v. Varengold, Judge Colleen McMahon dismissed the complaint without prejudice. She also denied Petrocelit permission to proceed without paying fees on appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Petroceli v. Varengold · No. 1:21-cv-01212
- Laura Swain
- May 4, 2021
Background
The court had previously directed Domingos Lugao Petrocelit to file an amended application to proceed without paying the filing fee, or to pay the $402 fee required to start a civil action. The order gave Petrocelit 30 days and stated that failure to comply would result in dismissal.
Court’s ruling
Petrocelit did not submit an amended application and did not pay the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. Because the dismissal was without prejudice, the opinion’s stated disposition did not bar refiling.
The court also certified that any appeal from the order would not be taken in good faith and denied Petrocelit permission to proceed without paying fees for an appeal. The court did not address the merits of the underlying complaint.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.