The Estate of William Scales v. Amalgamated Transit Union

Background

The plaintiff filed this action without paying the required court fees and without submitting an application to proceed without prepayment of fees. The opinion states that the complaint lists “The Estate of Williams Scales” as plaintiff but was signed by William Scales. The court therefore treated Scales as the sole plaintiff in this action.

Order to Pay Fees or Apply for Fee Waiver

The court explained that a plaintiff must either pay $405—consisting of a $350 filing fee and a $55 administrative fee—or submit a signed application to proceed without prepayment under 28 U.S.C. §§ 1914 and 1915. The court gave the plaintiff 30 days from the date of the order to do one of those things. If the plaintiff submits the application, it must identify docket number 25-CV-6074 (LTS). If the court grants the application, the plaintiff may proceed without prepaying the fees.

Disposition

No summons will issue at this time. If the plaintiff complies with the order, the Clerk’s Office will process the case under its procedures. If the plaintiff does not comply within the allowed time, the action will be dismissed. Judge Laura Taylor Swain also certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and denied fee-free status for purposes of an appeal. The order did not reach the merits of the claims.