Toribio Abreu v. The Portela Law Firm, P.C.

Background

Ram[e]l Argenis Toribio Abreu brought this action against The Portela Law Firm, P.C. The opinion says that Abreu was detained at the Westchester County Jail and was proceeding without a lawyer. He submitted his complaint without paying the civil filing fees and without submitting an application to proceed without paying those fees, commonly called an IFP application. He also did not initially submit the required prisoner authorization.

In an earlier order dated March 30, 2022, the court directed Abreu either to pay $402 in filing fees or to submit a completed IFP application and prisoner authorization within 30 days. The court received his prisoner authorization on April 15, 2022, but did not receive an IFP application.

Order

Because Abreu was proceeding without a lawyer, the court granted him another opportunity to submit an IFP application. The court directed him to pay the $402 filing fees or submit the attached IFP application within 30 days of the order. It stated that the case would be processed under the Clerk’s Office procedures if he complied and that the action would be dismissed if he failed to comply within the allowed time.

The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied IFP status for purposes of an appeal. The opinion does not decide the underlying claims against The Portela Law Firm, P.C.

Disposition

The court ordered payment of the filing fee or submission of an IFP application, granted another opportunity to do so, and denied IFP status for an appeal. The opinion's date line is blank; May 3, 2022 is the date supplied in the case information.