Celli v. Engelmayer

Background

Lucio Celli filed a civil complaint against Judge Engelmayer and other defendants. The court had previously ordered Celli, within 30 days, to do one of two things: pay the $402 filing fee required for a civil action, or submit a completed application to proceed without paying the fee and a prisoner authorization form.

The court's earlier order warned that failure to comply would result in dismissal. Celli did not pay the filing fee and did not submit the required application and authorization.

Ruling

The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. Because the dismissal was based on failure to satisfy the filing requirements, the opinion did not decide the merits of Celli's claims.

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 permission to appeal without paying the required fee.

The opinion's footnote states that Celli's address of record was in Wappingers Falls, New York, while a Federal Bureau of Prisons inmate locator indicated that he was in custody at FMC Lexington in Kentucky. A copy of the earlier order mailed to FMC Lexington was returned as undeliverable, although the locator continued to indicate that Celli was incarcerated there. The clerk was directed to enter judgment.