Rodriguez-Morales v. New York City Police Department

Background

Enki Rodriguez-Morales brought the action without a lawyer. The plaintiff submitted an application to proceed without prepaying court fees, commonly called an application to proceed in forma pauperis or IFP, but did not sign it. The complaint was also unsigned.

Court’s directions

The court explained that starting a civil case requires either paying $405 in fees—a $350 filing fee and a $55 administrative fee—or submitting a completed and signed IFP application. Within 30 days, the plaintiff must do one of those things. If the court grants the IFP application, the plaintiff will not have to prepay the fees.

The plaintiff must also sign and submit the attached “Plaintiff’s Certification and Warnings” within 30 days. The court described acceptable handwritten and electronic-signature options for submissions by mail, in person, or email.

Disposition

The court directed the plaintiff to pay the $405 fee or submit a signed amended IFP application and to submit the signed certification and warnings. No summons or answer will issue at this time. If the plaintiff does not comply within the allowed period, the action will be dismissed without prejudice, meaning the dismissal would not bar refiling. The court also certified that an appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal.