Caraballo v. Pastilha

Background

Hector Caraballo and Emily Rodriguez brought the action without a lawyer. They submitted a complaint but did not pay the required fees and did not submit applications asking to proceed without prepayment of fees.

Court’s order

The court explained that a plaintiff proceeding with a civil action must either pay $400 in fees—$350 for filing and $50 for administration—or submit a signed application under 28 U.S.C. § 1915 requesting permission to proceed without prepaying those fees. The court required each plaintiff to submit a separate signed application.

The court ordered the plaintiffs, within 30 days of the order, to either pay the $400 or submit the applications, labeled with docket number 20-CV-10280 (CM). If the court grants the applications, the plaintiffs may proceed without prepaying the fees. No summons was to issue at that time. The order stated that the action would be dismissed if the plaintiffs failed to comply within the allowed time.

Other ruling and disposition

The Clerk of Court was directed to mail the order to the plaintiffs and record service on the docket. 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 itself dismiss the action; it directed the plaintiffs to pay the fees or submit the required applications.