Petition for Writ of Certiorari — Arrello Barnes, Petitioner v. Louis Fedele, et al.

Supreme Court briefSep 16, 2020

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IN THE

Supreme Gourt, U.S.

FI LED

SUPREME COURT OF THE UNITED STATES

hxmin mvAS

S£P 1 6 2020

— PETITIONER

2£Sc§oftheclerk

(Your Name)

— RESPONDENT(S)

MOTION FOR LEAVE TO PROCEED /V FORMA PAUPERIS

The petitioner asks leave to file the attached petition for a writ of certiorari

without prepayment of costs and to proceed in forma pauperis.

Please check the appropriate boxes:

□ Petitioner has previously been granted leave to proceed in forma pauperis in

the following court(s):

\(^m\

(t kew W,

nivii/Ti

Cff fWfiALb

□ Petitioner has not previously been granted leave to proceed in forma

paupervs in any other court.

^Petitioner’s affidavit or declaration in support of this motion is attached hereto.

^Petitioner’s affidavit or declaration is not attached because the court below

appointed counsel in the current proceeding, and:

□ The appointment was made under the following provision of law:________

or

©/a copy of the order of appointment is appended.

A<U-mk.y

RECEIVED

SEP 2 h 2020

aF,feEM<rjiS'uERlihBgl

(Signature)

AFFIDAVIT OR DECLARATION

IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS

Agyilfl ftinVTi

t

, am the petitioner in the above-entitled case. In support of

my motion to proceed in forma pauperis, I state that because of my poverty I am unable to pay

the costs of this case or to give security therefor; and I believe I am entitled to redress.

1. For both you and your spouse estimate the average amount of money received from each of

the following sources during the past 12 months. Adjust any amount that was received

weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross

amounts, that is, amounts before any deductions for taxes or otherwise.

Income source

Average monthly amount during

the past 12 months

You

Amount expected

next month

Spouse

You

Spouse

Employment

$_m

s ~~

$_JM£

$.

Self-employment

$.

$.

$.

$.

Income from real property

(such as rental income)

$.

$.

$.

$.

Interest and dividends

$.

$.

$.

Gifts

$.

$.

$.

$.

Alimony

$.

$.

$.

$.

Child Support

$.

$.

$.

$.

Retirement (such as social

security, pensions,

annuities, insurance)

$.

$.

$.

$.

$.

Disability (such as social

security, insurance payments)

$.

$.

$.

Unemployment payments

$.

$.

$.

$.

Public-assistance

(such as welfare)

$.

$.

$.

$.

Other (specify):

$.

$.

$.

$.

$.

$.

$.

I

1

$.

J

Total monthly income:

$.

xm

2. List your employment history for the past two years, most recent first. (Gross monthly pay

is before taxes or other deductions.)

Employer

Address

Dates of

Employment

Gross monthly pay

$

$.

$.

3. List your spouse’s employment history for the past two years, most recent employer first.

(Gross monthly pay is before taxes or other deductions.)

Employer

Address

Dates of

Employment

Gross monthly pay

s 2&D

$.

$.

2m

4. How much cash do you and your spouse have? $.

Below, state any money you or your spouse have in bank accounts or in any other financial

institution.

Type of account (e.g., checking or savings)

/

Z

Amount you have

$

$.

$.

/

Amount your spouse has

$

$.

$.

iz

V

/

5. List the assets, and their values, which you own or your spouse owns. Do not list clothing

and ordinary household furnishings.

□ Home

Value

2m

□ Motor Vehicle #1

Year, make & model

Value

□ Other assets

Description _

Value

□ Other real estate

Value

□ Motor Vehicle #2

Year, make & model

Value_l

6. State every person, business, or organization owing you or your spouse money, and the

amount owed.

Person owing you or

yoursj)ouse money

Amount owed to you

Amount owed to your spouse

$.

$.

$.

$.

$.

$.

7. State the persons who rely on you or your spouse for support. For minor children, list initials

instead of names (e.g. “J.S.” instead of “John Smith”).

Name

Relationship

Age

ML

8. Estimate the average monthly expenses of you and your family. Show separately the amounts

paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, or

annually to show the monthly rate.

You

^€ft)

Rent or home-mortgage payment

(include lot rented for mobile home)

Are real estate taxes included? □ Yes

Is property insurance included? □ Yes EZl No

Utilities (electricity, heating fuel,

water, sewer, and telephone)

$.

Home maintenance (repairs and upkeep)

$.

Food

Clothing

Your spouse

$.

$.

$.

Laundry and dry-cleaning

Medical and dental expenses

$.

$.

You

2kso

Transportation (not including motor vehicle payments)

Recreation, entertainment, newspapers, magazines, etc.

$.

Your spouse

$.

$.

Insurance (not deducted from wages or included in mortgage payments)

Homeowner’s or renter’s

Life

Health

$.

Motor Vehicle

$.

$.

Other:

Taxes (not deducted from wages or included in mortgage payments)

(specify):

Installment payments

Motor Vehicle

$.

Credit card(s)

$.. : 1

$.

Department store(s)

Other:

Alimony, maintenance, and support paid to others

Regular expenses for operation of business, profession,

or farm (attach detailed statement)

$.

Other (specify):

$.

$.

Total monthly expenses:

$.

$.

9. Do you expect any major changes to your monthly income or expenses or in your assets or

liabilities during the next 12 months?

□ Yes

0 No

If yes, describe on an attached sheet.

10. Have you paid - or will you be paying - an attorney any money for ser^ices in connection

with this case, including the completion of this form? □ Yes ONo

If yes, how much?______________________

If yes, state the attorney’s name, address, and telephone number:

11. Have you paid—or will you be paying—anyone other than an attorney (such as a paralegal or

a typist) any money for services in connection with this case, including the completion of this

form?

/

□ Yes

No

If yes, how much?

If yes, state the person’s name, address, and telephone number:

12. Provide any other information that will help explain why you cannot pay the costs of this case.

oL

OArtftU| OjJLODM. $5,06^.05

I declare under penalty of perjury that the foregoing is true and correct.

Executed on:

^£kMkr lf

. 2n&>

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(Signature)

STATE OF NEW YORK DEPARTMENT OF CORRECTIONAL SERVICES

WENDE

CORRECTIONAL FACILITY

_

INMATE STATEMENT FOR THE PERIOD 05/30/20 THRU 06/30/20./

XXXKXXSKXXXXXXXXXXXXXXXXXXXKXXXXXXXXKXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXKXXXI&XXXXXXXXXKXXXXXXX

X

X

x

DEPT ID:00A0597

NAME:BARNES ARRELLO

CELL LOC:MH-OB-003

NYSID:08030473J

S'

V

y

l

*

x

X

XXXXXXXKXXXXXKKXXXXXXXXXXXKKXXXKXXXXXXXXXXXXKXKXXXXXXKXXXXXXKXXXXXXXXSXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

FACILITY

WENDE

WENDE

WENDE

WENDE

WENDE

WENDE

WENDE

WENDE

WENDE

---- TRANSACTION -----TR-NUM

(COMMENTS)

STARTING BALANCE AT WENDE

BALANCE FORWARD

DATE

06/01/20 MEDIA PUR

06/04/20 PAYROLL RCPT

06/ll/?9 PAYROLL RCPT

06/18/1:0 BEG ENC-DP-T3(

06/18/20 PAYROLL RCPT

06/22/20 MISC RECEIPT

06/22/20 POSTAGE

06/22/20 POSTAGE

06/25/20 PAYROLL RCPT

RECEIPTS)

'DISBURS(-)

COLLECTED AMT

STATEWIDE

SPENDABLE

261.72

14.02

STATEWIDE

ACCT BAL

275.74

275.74

.00

.96

2.40

.00

2.40

184.92

.00

.00

2.40

5.55

9.39

12.99

12.99

16.59

16.59

16.04

15.89

19.49

267.27

272.07

278.07

278.07

284.07

468.99

468.44

468.29

474.29

454.80

19.49

474.29

8.47

280302

280302

4.80

6.00

280302

G306587

6.00

184.92

05.00)

.55

.15

280302

6.00

MONTHLY ENDING TOTALS

9.17

267.72

v

ENDING BALANCE AT WENDE

20/C

474.29

OF AVERAGE 6 MO SPENDABLE BALANCE

2.47

20/C

OF AVERAGE 6 MO DEPOSIT AMT

15.01

LAGGED PAYROLL, DAYS LAGGED - 15 AMOUNT LAGGED

6.48

THIS AMOUNT WILL BE ADDED TO YOUR ACCOUNT UPON RELEASE ONLY

------ REASON -----DATE IMPOSED

GATE MONEY

05/25/17

FED FILE FEE USDCNDNY 11/07/07

FED FILE FEE U3DCSDNY 06/25/12

FED FILE FEE USDCSDNY 04/22/13

FED FILE FEE USDCSDNY 08/04/14

FED FILE FEE USDCNDNY 11/03/15

FED FILE FEE USDCNDNY 05/30/19

DISCIPLINARY TIER III 06/18/20

x

ENCUMBRANCE BREAKDOWN ............ -.................---------- ---------------TOTAL OWED COL MTDATE COL TO-DATE BALANCE DUE

.00

33.52

.00

33.52

338.77

116.23

455.00

41.54

242.06

350.00

40.58

107.94

400.1/

455.00

36.98

54.83

400.94

35.98

505.00

104.06

311.80

36.98

350.00

38.20

.02

.02

504.98

505.00

5.00

.00

.00

5.00

... MOTES —

AUTO GATE MONEY

04 CV 391

12CIV1916PKC

13 1077

14 1614

9:15 CV 777

15CV777

6/15/20

ENCUMBRANCES ESTABLISHED AND PAID IN THE CURRENT MONTH.

CNTY/ORI CASE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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