Al-Haj v. Singer

Background

The court had dismissed the action without prejudice on May 20, 2019, because Plaintiff Nagibe Al-Haj had not submitted a completed application to proceed without paying filing fees and had not paid the $400 filing fees required to file a civil action in the court.

On June 7, 2019, Al-Haj sent a letter stating that he did not have a lawyer and asking for more time to respond to a motion to dismiss and for appointment of a lawyer. On June 24, 2019, the court treated the letter as a motion under Federal Rule of Civil Procedure 59(e) to alter or amend the judgment. The court granted that motion, directed the Clerk to vacate the dismissal order and civil judgment, and reopened the action.

Appeal and Current Order

Al-Haj filed a notice of appeal on June 18, 2019. On November 27, 2019, the Court of Appeals dismissed the appeal after determining that it lacked jurisdiction because the district court had later granted reconsideration and vacated the judgment.

Ruling

Judge Colleen McMahon granted Plaintiff an additional 30 days from December 18, 2019, to pay the filing fee or submit an application to proceed without paying it. The Clerk was directed to mail the order to Plaintiff and note service on the docket. The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied fee-free status for purposes of an appeal.