Julie Spooner Estate v. District of Columbia

Background

Julie Spooner Estate, appearing without a lawyer, attempted to bring the matter on the court's miscellaneous docket. The submission identified the plaintiff as “Julie Spooner Estate, The United States, Principal Creditor/Government” and included an “Extraordinary Writ of Execution” and a “Miscellaneous Case Cover Sheet.” The listed defendants included the District of Columbia, Equifax, Deutsche Bank National Trust Company, the Judicial Title Insurance Agency, Limited Liability Corporation, BHNWN Brooklyn, Limited Liability Corporation, City of New York Corporation Counsel, the County of Kings Recorder, the Sheriff of Kings County, and “all others in possession.”

Court's Analysis

The court held that the submission did not fit any listed category of miscellaneous matters. It therefore construed the matter as a civil-rights action. To proceed with a civil action, the plaintiff had to either pay $400 in fees—$350 for filing and $50 for administration—or submit a signed application to proceed without prepaying fees, commonly called an IFP application.

Ruling

Judge Colleen McMahon ordered the plaintiff to take one of those two steps within 30 days of the order. If the plaintiff submitted the application and the court granted it, the plaintiff could proceed without prepaying the fees. The clerk was directed to mail the order and record service on the docket. No summons would issue at that time. The court stated that the action would be dismissed if the plaintiff did not comply within the allowed period.

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. The order did not decide the underlying claims.