Joseph v. Springer Nature

Background

Rhawn Joseph, Ph.D., sued Springer Nature; Springer, identified in the caption as a subsidiary of Springer Nature; Elias Brinks; Jeremy Mould; and unnamed defendants. The opinion states that Joseph brought the action without a lawyer. He submitted the complaint without paying the required fees and without submitting an application to proceed without prepayment of fees.

Order

The court explained that a plaintiff must either pay $400 in fees—$350 for filing and $50 for administration—or submit a signed application to proceed without prepayment under 28 U.S.C. §§ 1914 and 1915. The court directed Joseph, within 30 days of the order, to pay the $400 or submit the attached application labeled with the case number.

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

Appeal-related ruling

Chief Judge Colleen McMahon 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 appeal without prepaying fees. The opinion did not decide the underlying claims against the defendants.