Delaney v. Republic National Committee

Background

Dennis W. Delaney brought this action without a lawyer. The opinion does not describe the underlying claims against the Republican National Committee. To proceed with a civil action, a plaintiff must either pay $400 in fees—$350 for filing and $50 for administration—or submit a signed application requesting permission to proceed without paying those fees in advance.

Fee-waiver application

Delaney submitted an application to proceed without prepaying fees, commonly called an IFP application. The application stated that he had no sources of income, resources, expenses, or debts. Because it did not explain how he paid his living expenses, the court could not determine that he lacked sufficient funds to pay the fees.

Order

The court ordered Delaney to do one of two things within 30 days of the order: pay the $400 in fees or submit an amended IFP application. The amended application must explain how he supports himself and provide facts showing that he cannot pay the fees. If the court grants the amended application, Delaney may proceed without prepaying fees.

The court directed the Clerk of Court to notify Delaney electronically at the email address listed in his complaint because he had not provided a mailing address. The court also provided a form for consenting to electronic service; if Delaney did not want electronic service, he was required to provide a mailing address. No summons was issued at that time. The order states that the action will be dismissed if Delaney does not comply within the allowed time.

Appeal-related ruling

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The opinion does not address the merits of Delaney’s underlying claims.