Deltoro v. Department of Social Services

Background

Maria Deltoro and additional plaintiffs are listed in the caption. The opinion states that the plaintiff brought the action without a lawyer. The complaint was submitted without payment of the required fees and without an application to proceed without prepaying fees, known as an in forma pauperis application.

The court explained that filing a civil action requires payment of $405: a $350 filing fee and a $55 administrative fee. A plaintiff who seeks to proceed without prepaying those fees must submit a signed application. The court also noted that it was unclear whether the complaint was filed by two adults, who would each need to sign the complaint and submit an application if the fee was not paid, or whether one plaintiff was a minor child. The court cited the rule that a non-lawyer parent generally cannot bring claims without a lawyer on behalf of a child.

Order

The court ordered the plaintiff, within 30 days of the order, either to pay the $405 in fees or to submit the attached fee-waiver application. If an application is submitted, it must identify docket number 25-CV-5445 (LTS). The court stated that, if it grants the application, the plaintiff will be permitted to proceed without prepaying fees.

No summons was authorized at that time. The court stated that, if the plaintiff complies with the order, the case will be processed under the Clerk’s Office procedures. If the plaintiff does not comply within the allowed period, the action will be dismissed without prejudice.

Appeal

The court certified that any appeal from the order would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The order did not decide the underlying claims against the Department of Social Services or any other defendant.