Lettieri v. Department of Justice et al
| David C. Lettieri |
| Department of Justice and Federal Buearu of Investigation |
| 1:2023cv00721 |
| July 19, 2023 |
| US District Court for the Western District of New York |
| Lawrence J Vilardo |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 11, 2023. A more recent docket listing may be available from PACER.
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| Filing 9 TEXT ORDER granting Docket Item #5 , motion for leave to proceed in forma pauperis. The pro se plaintiff, David C. Lettieri, is currently incarcerated at the Northeast Ohio Correctional Center. He filed a complaint asserting claims under 42 U.S.C. 1983, Docket Item #1 , without filing a completed motion to proceed in forma pauperis ("IFP")that is, without prepaying costs, Docket Item #2 .On 7/24/2023, the Court administratively terminated this action, informed Lettieri of the requirements of a complete IFP motion, and gave Lettieri 30 days to submit a complete IFP motion that included a signed authorization permitting the institution in which he is confined to pay the $350.00 filing fee, over time, from his trust fund account, 28 U.S.C. 1915(a)-(b). Docket Item 3 . On 8/28/2023, Lettieri appealed that order, Docket Item #6 , and submitted a second motion for leave to proceed IFP that included the required authorization, Docket Item #5 . Lettieri signed the various documents in Docket Item #5 on three different dates, the latest of which was 8/9/2023. Id. at 4. The Court assumes that Lettieri gave the documents comprising Docket Item #5 to prison officials for mailing on 8/9/2023 and accepts that response as timely filed. See generally Houston v. Lack, 487 U.S. 266, 271-72 (1988) (describing prisoner mailbox rule). Because Lettieri now has complied with the requirements to proceed IFP, 28 U.S.C. 1915(a)-(b), his motion for leave to proceed IFP, Docket Item #5 , is granted.The Court defers screening of the complaint under 28 U.S.C. 1915(e)(2)(B) and 1915A until the United States Court of Appeals for the Second Circuit decides Lettieri's appeal. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 9/11/2023. (DJ)This was mailed to: the plaintiff. |
| Filing 8 NOTICE RE: Pending Motion to Proceed in forma pauperis #5 from the USCA. (CGJ) |
| Filing 7 CLERKS CERTIFICATE filed and electronically sent to Court of Appeals (Attachments: #1 Index)(CGJ) |
| Filing 6 NOTICE OF INTERLOCUTORY APPEAL as to 3 Text Order, by David C. Lettieri. Fee Status: In Forma Pauperis Pending (CGJ) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by David C. Lettieri. (CGJ) |
| Filing 4 JUDGMENT in favor of Department of Justice, Federal Buearu of Investigation against David C. Lettieri. Signed by Mary C. Loewenguth, Clerk of Court on 7/25/2023. (CGJ)This was mailed to: David C. Lettieri. |
| Clerk mailed 3 Text Order, IFP motion and authorization form to Plaintiff (CGJ) |
| Filing 3 TEXT ORDER denying Docket Item #2 , Motion for leave to proceed in forma pauperis. The pro se plaintiff, David C. Lettieri, is currently incarcerated at the Northeast Ohio Correctional Center. He has filed a complaint asserting claims under 42 U.S.C. 1983, Docket Item #1 , and a motion to proceed in forma pauperis ("IFP")that is, without prepaying costs, Docket Item #2 . Lettieri has attempted to commence more than 20 civil cases in this Court and has been advised in numerous prior orders that a motion to proceed IFP must include (1) a sworn affidavit establishing that he is unable to pay the $350.00 filing fee; (2) a certification of his inmate trust fund account; and (3) a signed authorization permitting the institution in which he is confined to pay the $350.00 filing fee from his trust fund account. 28 U.S.C. 1915(a)-(b). In this case, Lettieri has not submitted the required authorization. Lettieri has thirty days from entry of this order to submit either (1) the filing and administrative fees, or (2) the signed authorization. The Clerk of the Court is directed to administratively terminate this action, without filing the complaint or assessing a filing fee, and to send a form IFP motion to the plaintiff. Lettieri will be granted leave to reopen this case, without further order, upon submission of either (1) the $350.00 filing fee and the $52.00 administrative fee ($402.00 total), or (2) the required authorization. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore denies leave to appeal as a poor person. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Further, Lettieri is cautioned that if he continues to file complaints with insufficient IFP applications, he may be subject to sanctions. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/24/2023.(WMH)Clerk to Follow up by mailing this order and a form IFP motion, including an authorization form, to the plaintiff. |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by David C. Lettieri.(CGJ) |
| Filing 1 COMPLAINT against Department of Justice, Federal Buearu of Investigation, filed by David C. Lettieri. (CGJ) |
| Remark: Plaintiff has been mailed a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, and a civil case timeline. (CGJ) |
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