Lettieri v. Department of Justice et al
| David C. Lettieri |
| Department of Justice and Federal Buearu of Investigation |
| 1:2023cv00722 |
| 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 August 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 CLERKS CERTIFICATE filed and electronically sent to Court of Appeals (Attachments: #1 Index) (CGJ) |
| Filing 5 NOTICE OF INTERLOCUTORY APPEAL as to 3 Text Order, by David C. Lettieri. Fee Status: In Forma Pauperis Motion Pending. (CGJ) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by David C. Lettieri. (CGJ) |
| Plaintiff mailed order, ifp motion and authorization. (SG) |
| 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 30 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 7/28/2023. (DJ)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. (TMK) |
| Filing 1 COMPLAINT against Department of Justice, Federal Buearu of Investigation, filed by David C. Lettieri. (Attachments: #1 Envelope, #2 Civil Cover Sheet)(TMK) |
| 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. (TMK) |
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