Plaza v. Masiello et al

1
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
RONALD PLAZA,
Plaintiff,
9:25-CV-1466
v. 	(AJB/MJK)
KATHLEEN MASIELLO et al.,
Defendants.
APPEARANCES:
RONALD PLAZA
Plaintiff, pro se
Last Known Address
16-A-3412
Wallkill Correctional Facility
Box G
Wallkill, NY 12589
ANTHONY J. BRINDISI
United States District Judge
DECISION and ORDER
I. 	INTRODUCTION
In October 2025, plaintiff Ronald Plaza commenced this action by filing a pro se civil
rights complaint, application to proceed in forma pauperis ("IFP"), and motion for a temporary
restraining order and preliminary injunctive relief. See Dkt. No. 1 ("Compl."); Dkt. No. 2 ("IFP
Application"); Dkt. No. 3 ("Motion for Injunctive Relief"). By Order entered on October 22,
2025, this case was administratively closed based on plaintiff’s failure to comply with the filing
Case 9:25-cv-01466-AJB-MJK Document 7 Filed 11/25/25 Page 1 of 5

2
fee requirement. Dkt. No. 4 (“Administrative Closure Order”). Thereafter, plaintiff filed the
inmate authorization form required in this District and the Clerk was directed to reopen this
action and restore it to the Court's active docket. Dkt. No. 5 ("Authorization Form"); Dkt. No.
6 ("Re-Opening Order").
II. 	DISCUSSION
A. 	IFP Application
A civil action is commenced in federal district court "by filing a complaint." Fed. R. Civ.
P. 3. The filing fees must be paid at the time an action is commenced, unless an IFP
application is submitted to the Court. See 28 U.S.C. §§ 1914(a), 1915(a).
"28 U.S.C. § 1915 permits an indigent litigant to commence an action in a federal court
without prepayment of the filing fee that would ordinarily be charged." Cash v. Bernstein, No.
09-CV-1922, 2010 WL 5185047, at *1 (S.D.N.Y. Oct. 26, 2010).1 Where a plaintiff has been
granted in forma pauperis status, service of process is effected on his or her behalf by the
U.S. Marshals Service. See Fed. R. Civ. P. 4(c)(3) (Marshals Service must be appointed to
serve process when plaintiff is authorized to proceed in forma pauperis); 28 U.S.C. § 1915(d)
("the officers of the court shall issue and serve all process and perform all duties in [in forma
pauperis] cases."). "The question of whether a plaintiff qualifies for IFP status is within the
discretion of the district court." DiGianni v. Pearson Educ., No. 10-CV-0206, 2010 WL
1741373, at *1 (E.D.N.Y. Apr. 30, 2010).
Plaintiff was confined at Wallkill Correctional Facility when he signed the complaint
and returned the Authorization Form to the Court. Dkt. No. 1 at 6, 47; Dkt. No. 5 at 2.
1 "Although an indigent, incarcerated individual need not prepay the filing fee at the time of filing, he must
subsequently pay the fee, to the extent he is able to do so, through periodic withdrawals from his inmate
accounts." Cash, 2010 WL 5185047, at *1.
Case 9:25-cv-01466-AJB-MJK Document 7 Filed 11/25/25 Page 2 of 5

3
According to information publicly available on the website for the New York State Department
of Corrections and Community Supervision, plaintiff was released from custody on parole on
November 10, 2025. See http://nysdoccslookup.doccs.ny.gov (last visited Nov. 21, 2025).
Because the IFP Application does not reflect plaintiff’s current post-release financial
condition, the Court cannot determine whether he has established sufficient economic need.
Accordingly, the IFP Application is denied without prejudice and with leave to renew.2
B. 	Change of Address
Rule 10.1(c)(2) of the Local Rules of Practice of the Northern District states, in relevant
part, that "[a]ll attorneys of record and pro se litigants must immediately notify the Court of
any change of address." N.D.N.Y. L.R. 10.1(c)(2) (emphasis omitted).3 This notification is
essential to the orderly disposition of cases. Indeed, as previously noted in this District:
It is neither feasible nor legally required that the clerks of the
district courts undertake independently to maintain current
addresses on all parties to pending actions. It is incumbent upon
litigants to inform the clerk of address changes, for it is manifest
that communications between the clerk and the parties or their
counsel will be conducted principally by mail. In addition to
keeping the clerk informed of any change of address, parties are
obliged to make timely status inquiries. Address changes
normally would be reflected by those inquiries if made in writing.
Dansby v. Albany Cnty. Corr. Facility, No. 6:95-CV-1525 (RSP/RWS), 1996 WL 172699, at *1
(N.D.N.Y. Apr. 10, 1996) (quoting Perkins v. King, No. 84-3310, slip op. at 4 (5th Cir. May
19, 1985)).
Rule 41(b) of the Federal Rules of Civil Procedure provides that a court may, in its
discretion, dismiss an action based upon the failure of a plaintiff to prosecute an action, or to
2 In light of plaintiff’s release from prison, the Clerk is directed to strike the Authorization Form as unnecessary.
3 Local Rule 41.2(b) provides that "[f]ailure to notify the Court of a change of address in accordance with L.R.
10.1(c)(2) may result in the dismissal of any pending action." N.D.N.Y.L.R. 41.2(b).
Case 9:25-cv-01466-AJB-MJK Document 7 Filed 11/25/25 Page 3 of 5

4
comply with the procedural rules or orders of the court. Fed. R. Civ. P. 41(b); see also Link v.
Wabash R.R. Co., 370 U.S. 626 (1962). This power to dismiss may be exercised when
necessary to achieve orderly and expeditious disposition of cases. See Freeman v.
Lundrigan, No. 95-CV-1190 (RSP/RWS), 1996 WL 481534, at *1 (N.D.N.Y. Aug. 22, 1996).
This matter cannot proceed without plaintiff's notification to the Court of his current
address. Moreover, plaintiff was previously advised in the Administrative Closure Order that
he has an obligation to maintain a current address, yet he failed to comply with this directive.
See Administrative Closure Order at 2. Thus, it is unclear whether plaintiff wishes to continue
with this action.
Accordingly, if plaintiff wishes to proceed with this action, he must do the following
within thirty (30) days: (1) notify the Court of his current address; and (2) comply with the
filing fee requirement by either paying the $405.00 filing fee in full, or submitting a renewed
IFP application detailing his current post-release financial condition. Plaintiff is advised that
his failure to timely comply with this Decision and Order will result in the dismissal of this
action without prejudice, without further order of this Court.
C. 	Motion for Injunctive Relief
This action cannot proceed unless and until plaintiff provides the Court with an
appropriate address for mailing and complies with the filing fee requirement. Accordingly,
plaintiff’s Motion for Injunctive Relief is denied without prejudice as premature. In the event
plaintiff fully complies with this Decision and Order, he may renew his request for injunctive
relief should he believe it still remains meritorious despite his release from custody.
III. 	CONCLUSION
WHEREFORE, it is hereby
Case 9:25-cv-01466-AJB-MJK Document 7 Filed 11/25/25 Page 4 of 5

5
ORDERED that the IFP Application (Dkt. No. 2) is DENIED without prejudice and
with leave to renew as set forth above; and it is further
ORDERED that plaintiff's authorization form (Dkt. No. 5) is STRICKEN from the docket
as unnecessary; and it is further
ORDERED that plaintiff’s Motion for Injunctive Relief (Dkt. No. 3) is DENIED without
prejudice as set forth above; and it is further
ORDERED that should plaintiff wish to proceed with this action, he must do the
following within thirty (30) days: (1) provide this Court with an updated mailing address; and
(2) either (i) pay the $405.00 filing fee, or (ii) submit a renewed IFP application detailing his
current post-release financial condition; and it is further
ORDERED that upon plaintiff's compliance with this Decision and Order, the Clerk
shall return the file to the Court for further consideration; and it is further
ORDERED that in the event plaintiff fails to timely comply with this Decision and
Order, this action will be DISMISSED without prejudice without further Order of the Court
for failure to comply with the filing fee requirement and prosecute this action, and the Clerk
shall close this case; and it is further
ORDERED that the Clerk serve this Decision and Order on plaintiff by mail at his last
known address. The Clerk shall also send plaintiff a blank IFP application.
IT IS SO ORDERED.
Dated: November 24, 2025
Utica, New York.
Case 9:25-cv-01466-AJB-MJK Document 7 Filed 11/25/25 Page 5 of 5