Warren F. Arsad, Jr v. Gill, 352 F.3d 801, 803 3d Cir. 2003 . We will affirm. On July 15, 2009, Arsad filed…

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HLD-082 (January 2010) NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 09-3379
___________
WARREN F. ARSAD, JR.,
Appellant
vs.
MS. SANDRA GERULA, Records Supervisor;
MS. REBECCA REIFER, Grievance Coordinator;
MR. KENNETH CAMERON, Superintendent
____________________________________
On Appeal From the United States District Court
For the Western District of Pennsylvania
(W.D. Pa. Civ. No. 09-cv-00196)
District Judge: Honorable Kim R. Gibson
____________________________________
Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)
or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
January 29, 2010
Before: SCIRICA, Chief Judge, WEIS and GARTH, Circuit Judges
Opinion filed: February 19, 2010
OPINION
PER CURIAM.
Warren Arsad, a state prisoner proceeding pro se, appeals the District Court’s order
dismissing his complaint for failure to prosecute. We have jurisdiction under 28 U.S.C. § 1291,

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and review the District Court’s order for an abuse of discretion. See Redmond v. Gill, 352 F.3d
801, 803 (3d Cir. 2003). We will affirm.
On July 15, 2009, Arsad filed a civil rights complaint under 42 U.S.C. § 1983 in the
United States District Court for the Western District of Pennsylvania, alleging that prison
officials were permitting his “false imprisonment.” Rather than remit the appropriate filing fee
or submit a motion seeking leave to proceed in forma pauperis, Arsad instead requested that the
filing fee be paid from a fund which supposedly exists at the Federal Reserve Bank in his name.
The Magistrate Judge assigned to screen the complaint issued an Order on July 27, 2009,
instructing Arsad that he must first authorize payment of the filing fee pursuant to the Prison
Litigation Reform Act, 28 U.S.C. § 1915, by signing an Authorization form which was provided
to him. Arsad, a litigant who is quickly becoming a “frequent filer” in this Circuit, once again
attempted to avoid his obligation to pay the filing fee for the underlying action. Rather than
request in forma pauperis status and sign the Authorization form, Arsad submitted a promissory
note purporting to cover the costs of filing his § 1983 complaint. Given Arsad’s continued
refusal to either pay the filing fee or properly pursue in forma pauperis status, the Magistrate
Judge issued a Report and Recommendation recommending that his complaint be dismissed for
lack of prosecution.
Pursuant to 28 U.S.C. § 636(b)(1), Arsad was afforded an opportunity to file written
objections to the Report and Recommendation. Instead of filing objections to the Report or
providing the requested Authorization, Arsad prepared a notice of appeal to this Court. As a
result of Arsad’s steadfast refusal to assume financial responsibility for his § 1983 action, the
District Court entered an Order on August 11, 2009 – prior to the receipt of Arsad’s notice of

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1 To the extent Arsad objects to the Clerk’s Order assessing fees for this appeal, we will
affirm the Clerk’s Order. While this Court requires the authorization form by local rule, it is not
required by the statute. Arsad’s obligation to pay the filing fees associated with this appeal was
incurred when he filed his notice of appeal and motion for leave to proceed in forma pauperis on
appeal. He can not avoid paying those fees simply by failing to sign and file the Authorization
form. See Newlin v. Helman, 123 F.3d 429 (7th Cir. 1987); Hall v. Stone, 170 F.3d 706, 708
(7th Cir. 1999).
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appeal – directing that the complaint be dismissed for failure to prosecute. Arsad’s notice of
appeal to this Court was thereafter received and filed in a timely manner.
As directed by the case opening letter from this Court’s Clerk’s Office, Arsad sought and
was granted leave to proceed in forma pauperis on appeal.1 Upon careful review of the record,
we conclude that the District Court did not abuse its discretion in administratively terminating
Arsad’s civil action for failure to prosecute. We do not hesitate to conclude that Arsad’s conduct
amounts to a willful failure to respond to the orders issued by the District Court, and “evidences
an intent to flout the District Court’s instructions” on proper compliance with the provisions of
28 U.S.C. § 1915. Redmond v. Gill, 352 F.3d at 803.
Accordingly, we will summarily affirm the judgment of the District Court as no
substantial question is presented by this appeal. See Third Circuit LAR 27.4 and I.O.P. 10.6.
We also note that this appeal is but one of a number growing out of Arsad’s practice of
attempting to evade responsibility for payment of filing fees by tendering worthless “promissory
notes” or refusing to sign authorization forms. Appellant’s tactics constitute harassment of the
judicial system and should not be permitted to continue. Accordingly, we direct that the Clerk of
this Court to accept no future cases from Warren F. Arsad, Jr., absent a specific order from a
judge of this Court.

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