Celli v. Engelmayer
- Laura Swain
- 1:22-cv-06542
- U.S. District Court · Southern District of New York
- 2
In Celli v. Engelmayer, Judge Swain dismissed Lucio Celli’s complaint without prejudice after he failed to complete required filing steps.
Lucio Celli’s complaint was dismissed without prejudice because he did not complete the required filing steps. The court also denied permission to appeal without paying fees.
What happened
In Celli v. Engelmayer, the court had ordered Lucio Celli to send a signed complaint page and either pay the $402 filing fee or submit an application to proceed without paying it, along with required prisoner paperwork.
Celli did not submit the signed page, pay the fee, or file the required application and authorization. The court had warned that failing to comply would lead to dismissal.
Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the clerk to enter judgment. She also denied Celli permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Celli v. Engelmayer · No. 1:22-cv-06542
- Laura Swain
- Oct. 13, 2022
Background
The court had previously ordered Lucio Celli, within 30 days, to resubmit the signature page of his complaint. The court also required him to either pay the $402 filing fee for a civil action or submit a completed application to proceed without paying the fee, together with the required prisoner authorization. The earlier order warned that failure to comply would result in dismissal.
What the Court Decided
Celli did not submit the signature page, pay the filing fee, or file the application and prisoner authorization. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court directed the clerk to enter judgment.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied Celli permission to appeal without paying the required fees.
Additional Detail
A footnote states that Celli’s address of record was in Wappingers Falls, New York, while the Federal Bureau of Prisons’ inmate locator indicated that he was incarcerated at FMC Lexington in Kentucky. A copy of the earlier order mailed to FMC Lexington was returned as undeliverable, although the inmate locator continued to indicate that Celli was incarcerated there.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.