DeJesus Peguero Brito v. United States ( 2024 )

UNITED STATES DISTRICT COURT SOUTHERN OE ORE SORE 2" ] ] i a ANGEL DE JESUS PEGUERO BRITO, ‘ Petitioner, 24-CV-1800 (LAK) -against- ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION AND PRISONER UNITED STATES OF AMERICA, AUTHORIZATION Respondent. LEWIS A. KAPLAN, United States District Judge: Petitioner, who is currently incarcerated at Federal Correctional Institute Loretto in Pennsylvania, brings this Motion for Return of Property pro se. The application was filed as a motion in Petitioner’s criminal case under docket number 21-CR-0466 (LAK), and the Court directed that it be opened as a new civil action. To proceed with a civil action in this Court, a prisoner must either prepay $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. If the Court grants a prisoner’s IFP application, the Prison Litigation Reform Act requires the Court to collect the $350.00 filing fee in installments deducted from the priscner’s account. See 2% U.S.C. § 1915(b)(1). A prisoner seeking to proceed in this Court without prepayment of fees must therefore authorize the Court to withdraw these payments from his account by filing a “prisoner authorization,” which directs the facility where the prisoner is incarcerated to deduct the $350.00 filing fee! from the prisoner’s account in installments and to send to the Court ! The $52.00 administrative fee for filitag a civil action doesnot apply to persons granted IFP status under 28 U.S.C. § 1915. certified copies of the prisoner’s account statements for the past six months. See 28 U.S.C. § 1915(a)(2), (b). Petitioner submitted the Motion for Return of Property without paying the filing fees or submitting a completed IFP application and prisoner authorization. Within thirty days of the date of this order, Petitioner must either pay the $402.00 in fees or submit the attached IFP application and prisoner authorization forms. If Petitioner submits the IFP application and prisoner authorization, they should be labeled with docket number 24-CV-1800 (LAK). If Petitioner fails to comply with this order within the time allowed, the action will be dismissed without prejudice. 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 in forma pauperis status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. Dated: i New York, New York < LUA |f Yb EWI KAREN United States District Judge 3 lye UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Angel Dejesus Peguero Brito (Full name(s) of the plaintiff or petitioner applying (each person must submit a separate application) 24 CV 1800 (LAK (_) -against- (Enter case number and initials of assigned judges, if ‘ available; if filing this with your complaint, you will not United State of America yet have a case number or assigned judges.) (Full name(s) of the defendant(s)/respondent(s).) APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS I am a plaintiff/petitioner in this case and declare that I am unable to pay the costs of these proceedings and I believe that I am entitled to the relief requested in this action. In support of this application to proceed in forma pauperis (“IFP”) (without prepaying fees or costs), I declare that the responses below are true: 1. Are you incarcerated? L] Yes [] No No,” go to Question 2.) I am being held at: Do you receive any payment from this institution? [[] Yes [_] No Monthly amount: If J am a prisoner, see 28 U.S.C. § 1915(h), I have attached to this document a “Prisoner Authorization” directing the facility where I am incarcerated to deduct the filing fee from my account in installments and to send to the Court certified copies of my account statements for the past six months, See 28 U.S.C. § 1915(a)(2), (b). I understand that this means that I will be required to pay the full filing fee. 2. Are you presently employed? [[] Yes L] No If “yes,” my employer’s name and address are: Gross monthly pay or wages: If “no,” what was your last date of employment? Gross monthly wages at the time: 3. In addition to your income stated above (which you should not repeat here), have you or anyone else living at the same residence as you received more than $200 in the past 12 months from any of the following sources? Check all that apply. (a) Business, profession, or other self-employment [] Yes [] No (b) Rent payments, interest, or dividends [] Yes [] No SDNY Rev: 12/12/2014 (c) Pension, annuity, or life insurance payments [] Yes [] No (d) Disability or worker’s compensation payments C] Yes [] No (e) Gifts or inheritances [] Yes [] No (f) Any other public benefits (unemployment, social security, food stamps, veteran’s, etc.) C1 Yes [J No (g) Any other sources [] Yes [] No If you answered “Yes” to any question above, describe below or on separate pages each source of money and state the amount that you received and what you expect to receive in the future. If you answered “No” to all of the questions above, explain how you are paying your expenses: 4. How much money do you have in cash or in a checking, savings, or inmate account? 5. Do you own any automobile, real estate, stock, bond, security, trust, jewelry, art work, or other financial instrument or thing of value, including any item of value held in someone else’s name? If so, describe the property and its approximate value: 6. Do you have any housing, transportation, utilities, or loan payments, or other regular monthly expenses? If so, describe and provide the amount of the monthly expense: 7. List all people who are dependent on you for support, your relationship with each person, and how much you contribute to their support (only provide initials for minors under 18): 8. Do you have any debts or financial obligations not described above? If so, describe the amounts owed and to whom they are payable: Declaration: 1 declare under penalty of perjury that the above information is true. I understand that a false statement may result in a dismissal of my claims. Dated Signature Name (Last, First, Ml) Prison Identification # (if incarcerated) Address City State Zip Code Telephone Number E-mail Address (if available) IFP Application, page 2