Erdman v. Victor

Background Tyler Erdman brought this civil 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 filing a civil action requires either payment of $400—comprising a $350 filing fee and a $50 administrative fee—or a signed application under 28 U.S.C. § 1915 requesting permission to proceed without prepaying those fees. The court gave Erdman 30 days from the order to take one of those actions.

The order states that, if the court grants the application, Erdman may proceed without prepaying fees. The Clerk was directed to mail him a copy of the order and record service on the docket. No summons would issue at that time. If Erdman complied, the case would be processed under the Clerk’s Office procedures; if he failed to comply within the allowed time, the action would be dismissed.

Appeal and disposition 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. This order addressed filing fees and the application process; it did not decide the underlying claims against the defendants.