Van Arsdol v. Charles

Background

Robin Van Arsdol, who was appearing without a lawyer, brought this action against Andre Charles seeking preliminary injunctive relief. The action was submitted to the court by email and assigned the listed docket number.

Order

The court explained that a person starting a civil action must either pay the required fees or submit a signed application to proceed without prepaying them. The total fee identified in the order was $405, consisting of a $350 filing fee and a $55 administrative fee.

Within 30 days of the order, Van Arsdol had to pay the $405 or complete, sign, and submit the attached application to proceed without prepaying fees. Until the fees were paid or a completed and signed application was received, the court would take no further action, including action on the request for preliminary injunctive relief. No summons would issue, and the defendant would not be required to answer.

If Van Arsdol complied, the case would be processed under the Clerk's Office procedures. If the court granted the application, Van Arsdol could proceed without prepaying the fees. If Van Arsdol failed to comply or seek an extension of time, the action would be dismissed without prejudice to refiling.

Appeal

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without prepaying fees.

Ruling

Judge Laura Taylor Swain entered an order requiring payment of the fees or submission of the fee-waiver application before the action could proceed. The order did not decide the request for preliminary injunctive relief.