Petroceli v. FBI Buffalo Division Field Office
- Colleen McMahon
- 1:21-cv-01205
- U.S. District Court · Southern District of New York
- 1
In Petroceli v. FBI Buffalo Division Field Office, Judge McMahon dismissed the complaint without prejudice after Petroceli neither paid fees nor filed the required application.
Domingos Lugao Petroceli, whose complaint was dismissed without prejudice; the FBI Buffalo Division Field Office and the other defendants were not reached on the underlying claims.
What happened
In Domingos Lugao Petroceli v. FBI Buffalo Division Field Office, the court required Petroceli to submit an amended request to proceed without paying filing fees or pay the filing fees for his civil case.
The court had given Petroceli 30 days to comply and warned that the complaint would be dismissed if he did not. He neither submitted the amended request nor paid the required $402.
Judge Colleen McMahon dismissed the complaint without prejudice. The court also denied Petroceli permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Petroceli v. FBI Buffalo Division Field Office · No. 1:21-cv-01205
- Colleen McMahon
- June 14, 2021
Background
On March 18, 2021, the court directed Domingos Lugao Petroceli to do one of two things within 30 days: submit an amended request to proceed without paying the filing fees, or pay the $402 required to file a civil action. The order warned that failing to comply would result in dismissal of the complaint.
Petroceli did neither. He did not submit an amended fee-waiver request and did not pay the filing fees.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. The order did not decide the claims against the FBI Buffalo Division Field Office or the other defendants.
Effect
The dismissal ended the case at that stage because Petroceli did not satisfy the court's filing-fee requirement. The order directed the Clerk of Court to mail Petroceli a copy and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.