Dorelien v. Metallized Carbon Corporation

Background

Mario Dorelien brought this civil action against Metallized Carbon Corp. He was representing himself. The complaint was submitted without the required filing and administrative fees and without an application to proceed without prepaying those fees.

Order

The court explained that a plaintiff must either pay $400—consisting of a $350 filing fee and a $50 administrative fee—or submit a signed application for permission to proceed without prepaying fees under 28 U.S.C. §§ 1914 and 1915. The court gave Dorelien 30 days from the date of the order to pay or submit the application, which was to identify docket number 20-CV-10799 (CM). If the application were granted, Dorelien would be permitted to proceed without prepaying the fees.

The court directed the Clerk of Court to mail the order to Dorelien and record service on the docket. It ordered that no summons issue at that time. The court stated that the case would be processed under the Clerk’s Office procedures if Dorelien complied, but that the action would be dismissed if he did not comply within the allowed time.

Appeal and disposition

Chief United States District Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without prepaying fees for an appeal. This order did not decide the underlying claims in the lawsuit.