Coleman v. BET Networks

Background

Mark F. Coleman and Toya L. Coleman sued BET Networks, Yvonne Smith-Producer, Roku T.V., and John Doe’s #1 and #2. The opinion states that the plaintiffs were representing themselves. To proceed with a civil case, each plaintiff had to either pay $400 in fees—a $350 filing fee and a $50 administrative fee—or submit a completed and signed application to proceed without paying the fees upfront, known as an IFP application.

The plaintiffs filed the complaint without paying the fees and without submitting an IFP application from Toya Coleman.

Order

The court ordered the plaintiffs, within 30 days of October 2, 2020, either to pay the $400 in fees or to have Toya Coleman complete and submit the attached IFP application. The application had to identify docket number 1:20-CV-8165 (CM). If the court granted the application, Toya Coleman could proceed without paying the fees upfront.

The clerk was directed to mail the order to the plaintiffs and record that service on the docket. No summons was to issue at that time. The order stated that Toya Coleman’s claims would be processed under the clerk’s procedures if she complied. If she did not comply within the allowed time, the court would dismiss her claims.

Appeal and disposition

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. The court therefore denied permission to appeal without prepaying fees. This was an administrative order about filing fees and permission to proceed without upfront payment; it did not decide the underlying claims against the defendants.

Result

The court ordered payment of the fees or submission of Toya Coleman’s IFP application, did not issue summonses at that time, and denied IFP status for an appeal from the order.