Antonio v. United States

Background

Kallijach Antonio brought this action against the United States of America, Confidential Informant #1, Confidential Informant #2, and Confidential Informant #3. The complaint was filed without prepaying the filing fee under the federal statute governing financially eligible litigants, commonly called proceeding in forma pauperis (IFP).

On March 6, 2023, the court ordered Antonio to file an amended complaint within 60 days. The order stated that failure to comply would result in dismissal. The Clerk mailed a copy of that order to Antonio on March 8, 2023, but the Postal Service returned it on April 10, 2023, marked that the address was insufficient. The opinion states that the address matched the one Antonio had provided in the complaint, that Antonio had not notified the court of a change of address, and that he had not otherwise contacted the court.

Court’s Analysis

Because Antonio did not file an amended complaint, the court dismissed the complaint for failure to state a claim on which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion does not describe the underlying allegations or explain what claim Antonio attempted to bring.

Disposition

The court dismissed the complaint and directed the Clerk of Court to enter judgment. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied IFP status for purposes of an appeal, meaning Antonio could not proceed on appeal without prepaying the required filing fees. The order does not state that the dismissal was with or without prejudice.