Delgado v. Russo

Background

Joleen Delgado filed this civil action representing herself. She submitted the complaint without paying the required filing fees and without an application to proceed without prepayment of fees. Instead, she filed a “Judicial Notice of Waiver of Filing Fees,” arguing that court filing fees are unconstitutional and asking the court to waive them.

Fee requirement and order

The court explained that proceeding with a civil action required either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or submission of a signed application to proceed without prepaying fees. The court stated that the United States Supreme Court has upheld the imposition of filing fees. It therefore denied Delgado’s request to waive the fees without submitting the required application.

The court ordered Delgado to pay the $405 or submit the attached application within 30 days of the order. If she submitted the application and the court granted it, she could proceed without prepaying the fees. No summons would issue at that time. The court stated that the case would be processed through the Clerk’s Office if Delgado complied, but that the action would be dismissed if she did not comply within the allowed time.

Appeal and disposition

Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without prepaying fees. This order addressed filing-fee and case-processing requirements; it did not decide the underlying claims against the defendants.