Gbaguidi v. United States Citizenship and Immigration Services

Background

Rodrigue J. Gbaguidi submitted this civil action to the court by email. The order does not describe the claims or address their merits.

Filing-fee requirement

To begin a civil action, a plaintiff must either pay the required fees or request permission to proceed without paying them in advance. The court stated that the total fee is $405, consisting of a $350 filing fee and a $55 administrative fee.

The court gave Gbaguidi 30 days from the date of the order to either pay the $405 or complete, sign, and submit the attached application to proceed without prepaying fees. The order provides instructions for paying by mail or in person.

Effect of the order

The court stated that no further action would be taken, no summons would issue, and no answer would be required until the fees were paid or a completed and signed application was received. If the application is granted, Gbaguidi may proceed without prepaying the fees. If proper payment had already been submitted, the case would proceed after the payment was processed.

If Gbaguidi failed to comply within the allowed time, or failed to request an extension, the action would be dismissed without prejudice to refiling. The court also certified under federal law that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.

Ruling

Chief Judge Laura Taylor Swain entered an order directing Gbaguidi to pay the filing fees or submit a completed and signed application to proceed without prepaying them. The order did not decide the underlying case.