Opinion
22-CV-0432 (LTS)
03-24-2022
GUERINO MARIO ANNARUMMA, Plaintiff, v. HOMELAND SECURITY INVESTIGATION, et al., Defendants.
ORDER
LAURA TAYLOR SWAIN, CHIEF UNITED STATES DISTRICT JUDGE:
Plaintiff, who is currently incarcerated at Attica Correctional Facility, brings this action pro se. To proceed with a civil action in this Court, a prisoner must either pay $402.00 in fees - a $350.00 filing fee plus a $52.00 administrative fee - or, to request authorization to proceed in forma pauperis (IFP), that is, without prepayment of fees, submit a signed IFP application and a prisoner authorization. See 28 U.S.C. §§ 1914, 1915. Plaintiff submitted an IFP application, but he did not submit a prisoner authorization. On February 10, 2022, the Court directed Plaintiff, within thirty days, to either pay the $402.00 in fees or file a prisoner authorization. That order specified that failure to comply would result in dismissal of the complaint.
On March 11, 2022, Plaintiff returned to the Court a blank prisoner authorization accompanied by the following statement:
NO - NEED - AUTHORIZATION - FROM - ME - THE - COURT - HAS - POWER -TO- DO - ANY - THING. YOU - GIVE - RIGHT - TWO - RUSSIAN - WOMAN -ALIEN - I WILL - SINING - ONLY - TO - GO - HOME. I - DO - NOT - HAVE -NOTHING. APOLOGY - IF - I - DO - NOT - SIGN.(ECF 4, at 2.)
The Court quotes the statement verbatim. All capitalization, punctuation, and errors are in the original.
Plaintiff has not paid the filing fees and he has declined to submit a completed prisoner authorization. Accordingly, the complaint is dismissed without prejudice. See 28 U.S.C. §§ 1914, 1915.
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 IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue).
SO ORDERED.