Kellier v. Acosta

Background

Joshua Kellier brought the action without a lawyer. The opinion states that he submitted the complaint without paying the required fees and without a complete application to proceed without prepaying fees. The application he submitted with his request for appointed counsel was unsigned and missing its second page.

Order

The court explained that filing a civil action required either payment of $400—$350 as a filing fee and $50 as an administrative fee—or submission of a signed application to proceed without prepayment of fees under 28 U.S.C. §§ 1914 and 1915. The court gave Kellier 30 days from the date of the order to pay the $400 or submit the attached application, labeled with docket number 20-CV-1058.

The court stated that, if it granted the application, Kellier could proceed without prepaying the fees. The Clerk was directed to mail the order to Kellier and record service on the docket. No summons was to issue at that time. The court stated that the case would be processed under the Clerk’s procedures if Kellier complied, but that the action would be dismissed if he did not comply within the allowed time.

Appeal and disposition

Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. This order addressed filing-fee and application requirements; it did not decide the underlying claims.