Buff v. United States of America

Background

Carolyn Buff brought this civil action without a lawyer. She submitted the complaint without paying the required fees and without submitting an application to proceed without prepayment of fees, commonly called an IFP application.

Order

The court explained that a civil action requires either payment of $400 in fees—$350 for filing and $50 for administration—or a signed IFP application requesting permission to proceed without paying those fees in advance. The court ordered Buff, within 30 days of the order, to pay the $400 or complete and submit the attached IFP application using docket number 1:20-CV-7182 (CM).

If the court grants the IFP application, Buff will be allowed to proceed without prepayment of fees. The court directed the Clerk of Court to mail a copy of the order to Buff and record service on the docket. No summons was to issue at that time. The order stated that the action would be processed under the Clerk's Office procedures if Buff complied, but that the action would be dismissed if she did not comply within the allowed time.

Ruling

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 IFP status for purposes of an appeal. This order addressed filing fees and permission to proceed without prepayment; it did not decide the underlying claims in the complaint.