Jerome Wingfield v. Kevin Morse, Kevin Mulenick, Michael Licinio, Robert Holmes, Daniel Douglas, Jeffrey McAuliffe, Peter Wydish, The City of Niagara Falls Police Department, and County of Niagara

Summary

The United States District Court for the Western District of New York grants pro se plaintiff Jerome Wingfield an additional opportunity to submit a properly completed prison certification supporting his application to proceed in forma pauperis or to pay the required filing and administrative fees. The court directs that any claim that prison officials refused to complete the certification must be supported by an affidavit describing the relevant circumstances, dates, and individuals involved.

Holdings

1. A prisoner seeking to proceed in forma pauperis must submit a complete application that includes the required prison certification concerning the prisoner's inmate trust fund account, as mandated by 28 U.S.C. § 1915(a)(2).
2. The court, in its discretion, granted Plaintiff an additional opportunity to submit a signed certification, submit an affidavit supporting his claim that prison officials refused to sign the certification, or pay the required filing and administrative fees.
3. An assertion that correctional officials refused to complete or sign the prison certification must be supported by an affidavit detailing the request, the refusal, the dates of the events, and the names of the individuals involved.

Questions Presented

1. Whether Plaintiff's incomplete in forma pauperis application, lacking the signed prison certification required for a prisoner proceeding under 28 U.S.C. § 1915(a)(2), warranted dismissal or another opportunity to cure.
2. What showing Plaintiff must make if correctional officials refused to complete or sign the prison certification.

Disposition

other