Fahey v. Breakthrough Films & Television Inc.

Background

Sean Fahey and Dieterich Gray brought this civil action without lawyers. They filed a complaint but did not pay the required filing and administrative fees, and neither plaintiff submitted an application to proceed without prepayment of fees.

Order

The court explained that proceeding with a civil action required payment of $402 total: a $350 filing fee and a $52 administrative fee. Instead, each plaintiff could request authorization to proceed without prepayment by completing, signing, and submitting an individual application under 28 U.S.C. § 1915(a)(1).

The court gave the plaintiffs 30 days from the date of the order to pay the fees or submit their applications. Applications were to identify docket number 1:21-CV-3208 (LTS). If the court granted the applications, the plaintiffs would be allowed to proceed without paying the fees in advance.

Disposition

Judge Laura Taylor Swain directed the clerk to mail the order to each plaintiff and record service on the docket. The court ordered that no summons issue at that time. It stated that the case would be processed under the clerk's procedures if the plaintiffs complied, and that the action would be dismissed if they failed to comply within the allowed time. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepayment of fees for purposes of an appeal.