Serkez v. DOC

Background

Joseph Serkez brought this action without a lawyer. He submitted the complaint without paying the required fees and without an application to proceed without prepaying fees, commonly called an application to proceed in forma pauperis.

Order

The court explained that proceeding with a civil action requires either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or submission of a signed application to proceed without prepaying fees under 28 U.S.C. §§ 1914 and 1915. The court ordered Serkez, within 30 days of the order, to pay the $402 or complete, sign, and submit the attached application. If the court grants the application, Serkez may proceed without prepaying the fees.

The Clerk of Court was directed to mail Serkez a copy of the order and record service on the docket. No summons was to issue at that time. The court stated that the action would be processed under the Clerk’s Office procedures if Serkez complied, and that the action would be dismissed if he failed to comply within the allowed time.

Appeal-related ruling

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and therefore denied permission to appeal without prepaying fees. The order did not decide the underlying claims.