David-Barlow v. N.Y. N.J Marriage Lic. Agency's

Background

Clinton C. Barlow and Sarah M. David-Barlow filed the action without lawyers. Clinton signed the complaint and submitted an application to proceed without prepaying court fees. Sarah was listed as a plaintiff but did not sign the complaint or submit an application.

Court’s Requirements

The court explained that Federal Rule of Civil Procedure 11(a) requires an unrepresented party to personally sign a pleading. It also explained that a person starting a civil action must either pay the required fees or submit a signed application requesting permission to proceed without prepayment. The court stated that the required fees totaled $400: a $350 filing fee and a $50 administrative fee.

Within 30 days of the order, the plaintiffs had to either pay the $400 or have Sarah submit the attached application. To correct Sarah’s missing signature, she also had to sign and submit the attached declaration within the same 30-day period. If submitted, those documents were to identify docket number 20-CV-3136 (CM). If the plaintiffs complied, the Clerk’s Office would process the case under its procedures. If they did not comply, Clinton would proceed as the sole plaintiff.

Disposition

Judge Colleen McMahon directed the plaintiffs to satisfy the payment or filing requirements and address Sarah’s missing signature. The court also 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 appeal without prepaying fees.