Murray McIver v. Mount Vernon CMV Police Dept.

Background

Tamicko D. Murray McIver filed this civil action without a lawyer. The complaint was submitted without the required filing fees and without an application to proceed without prepaying those fees.

Order

The court explained that beginning a civil action required either payment of $400—consisting of a $350 filing fee and a $50 administrative fee—or a signed application requesting permission to proceed without prepayment of fees under 28 U.S.C. § 1915. The court ordered McIver, within 30 days of the order, to do one of those two things. If the application were granted, McIver could proceed without prepaying the fees.

The court directed the Clerk of Court to mail a copy of the order and note service on the docket. No summons would issue at that time. If McIver complied, the case would be processed under the Clerk’s Office procedures; if McIver did not 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 proceed without prepaying fees for an appeal. This was an order directing payment of fees or submission of an application, not a decision on the underlying claims.