Petroceli v. U.S. Department of Justice

Background

Domingos Lugao Petroceli brought this civil action against the U.S. Department of Justice and other defendants. He asked to proceed without prepaying court fees, a status commonly called proceeding without paying fees in advance. The opinion states that he was proceeding without a lawyer.

Petroceli submitted an application for permission to proceed without prepaying fees. He stated that he was not incarcerated or employed and had received no more than $200 in income during the preceding 12 months. But he left unanswered questions about money in bank accounts, other assets and their values, expenses, debts and other financial obligations, and financial support for other people.

Order

The court stated that it lacked enough information to determine whether Petroceli could pay the filing fees. It ordered him, within 30 days of the order, to do one of two things: pay $402 to commence the action, consisting of a $350 filing fee and a $52 administrative fee; or complete, sign, and submit an amended application that clearly answered every question about his financial status. The amended application was to include docket number 1:21-CV-3675 (LTS). The court also stated that Petroceli might still be required to pay the fees if it determined that he had enough funds.

Disposition

Judge Laura Taylor Swain directed the Clerk of Court to mail the order to Petroceli and record service on the docket. The order stated that the action would be processed under the Clerk’s Office procedures if Petroceli complied, and that the court would dismiss the action if he failed to comply within the permitted time. The order did not itself dismiss the action.

The court 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 proceed without prepaying fees for an appeal.