Gibbs v. Jackson

Background

Tyquan Gibbs brought this civil action without a lawyer. He submitted the complaint without paying the required filing fees and without submitting an application to proceed without prepayment of fees. The order states that Gibbs had submitted a request to proceed without prepayment of fees on appeal, but that the answers were not sufficient to determine whether he could afford the fees.

Payment or fee-waiver requirement

The court explained that starting a civil action required either payment of $405—$350 for the filing fee and $55 for the administrative fee—or a signed application to proceed without prepayment of fees under 28 U.S.C. §§ 1914 and 1915. The court directed Gibbs, within 30 days of the order, to pay the $405 or submit the attached application labeled with docket number 25-CV-2575 (LTS). If the court grants the application, Gibbs may proceed without prepaying the fees.

Ruling and effect

Judge Laura Taylor Swain ordered Gibbs to pay the fees or submit the application within 30 days. No summons would issue at that time. If Gibbs complies, the Clerk’s Office will process the case under its procedures; if he does not comply within the allowed time, the action will be dismissed. The order also directed the Clerk to send Gibbs a copy of the order by email and provide one if he visits the courthouse, and advised him to keep the court informed of his current mailing address. The court denied permission to proceed without prepaying fees for an appeal from this order, certifying that such an appeal would not be taken in good faith. The order did not resolve the underlying claims.