Perez v. United States Citizenship and Immigration Services

Background

The court had previously ordered Victor Manuel Perez Perez, within 30 days, either to submit a completed application to proceed without prepaying filing fees or to pay the $405 required to file a civil action. The earlier order warned that failing to comply would result in dismissal.

Plaintiff’s Submission

Perez Perez did not submit the required application or pay the filing fee. He filed a submission titled “Opposition to Judge’s Order,” asking the court to reconsider the earlier order, grant his request to proceed without prepaying fees, or extend the deadline. He stated that his financial situation made the filing fee a significant burden, but he provided no information about his finances or why he could not pay.

Ruling

The court denied all of Perez Perez’s requests in his opposition and dismissed the action without prejudice because he had neither submitted the application nor paid the filing fee. The court directed the clerk to enter judgment dismissing the action. It also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.

Classification

This is a procedural order because the court dismissed the action for failure to satisfy filing-fee or fee-waiver requirements without addressing the underlying claims.