Sawicki v. Commissioner of Social Security

Background

Michael Sawicki filed this action without a lawyer. He did not pay the required filing and administrative fees and did not submit an application asking to proceed without prepayment of fees.

Order

The court stated that proceeding with a civil action required either payment of $402—$350 for the filing fee and $52 for the administrative fee—or a signed application to proceed without prepayment under 28 U.S.C. § 1915. The court ordered Sawicki, within 30 days, to pay the fees or submit the attached application, labeled with docket number 21-CV-2093 (CM). If the application were granted, he could proceed without paying the fees in advance.

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

Appeal ruling

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 proceed without prepayment of fees for an appeal.