Ronald Plaza v. Kathleen Masiello et al.

Summary

The United States District Court for the Northern District of New York denied Ronald Plaza's application to proceed in forma pauperis without prejudice because it did not reflect his post-release financial condition. The court also denied his motion for injunctive relief as premature, struck the inmate authorization form, and required him to provide an updated address and either pay the filing fee or renew his IFP application within thirty days, warning that failure to comply would result in dismissal without prejudice.

Holdings

1. The IFP application was denied without prejudice and with leave to renew because, following plaintiff's release from custody, the application did not permit the court to determine his current economic need.
2. Before the action could proceed, plaintiff was required within thirty days to notify the court of his current address and either pay the $405 filing fee or submit a renewed IFP application addressing his current post-release financial condition.
3. Plaintiff's motion for injunctive relief was denied without prejudice as premature because the action could not proceed until plaintiff supplied a current address and complied with the filing-fee requirement.

Questions Presented

1. Whether plaintiff's IFP application should be granted when it did not reflect his current post-release financial condition.
2. Whether plaintiff was required to provide the court with a current address and comply with the filing-fee requirement before the action could proceed.
3. Whether plaintiff's motion for temporary and preliminary injunctive relief should be denied as premature because the action could not proceed absent compliance with the filing-fee and address requirements.

Disposition

other