Sunshine-Longway v. The Society for Creative Anachronism, Inc.

Background

Christiana Sunshine-Longway and Buenaventura Rivera brought the action without lawyers. To begin a civil action in federal court, a plaintiff must either pay the required filing fees or submit an application to proceed without paying those fees upfront. The court stated that the total fees applicable to this action were $402: a $350 filing fee and a $52 administrative fee.

The plaintiffs submitted a certified check for $400, leaving a $2 balance.

Order

The court directed the plaintiffs to send a $2 certified check or money order within 30 days. It directed the court cashier to hold the $400 check during that period. If the $2 balance was received, the case would be processed under the Clerk’s Office procedures. If the balance was not received, the $400 check would be returned and the complaint would be dismissed without prejudice to refiling with the proper fees or applications to proceed without paying fees upfront.

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 paying fees. The order did not address the merits of the plaintiffs’ claims.

Disposition and Classification

This was a procedural order concerning payment of the filing fee, not a decision on the underlying dispute. The complaint was not immediately dismissed; dismissal was specified as the consequence of failing to pay the $2 balance within the allowed period.