Moultrie v. Wright

Background

Mukadien Moultrie brought the action without a lawyer. To proceed in the district court, he had to pay the filing and administrative fees or submit a signed application asking to proceed without prepayment of fees. Moultrie submitted such an application, but he failed to answer nearly all of its questions. The court therefore could not determine whether he could pay the fees.

Order

The court ordered Moultrie, within 30 days of the order, to do one of two things: pay $402 in fees or submit an amended application. The amended application had to include the docket number, answer the unanswered questions, and provide facts showing that Moultrie could not pay the fees. If the court granted the amended application, Moultrie would be allowed to proceed without prepaying fees.

The Clerk of Court was directed to mail the order to Moultrie and record service on the docket. No summons would issue at that time. The court stated that, if Moultrie complied, the case would be processed under the Clerk’s Office procedures; if he failed to comply within the allowed time, the action would be dismissed. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.

Disposition and Classification

This was an administrative order requiring payment of fees or a corrected application to proceed without prepayment. It did not decide the underlying claims against Parole Officer Wright. The order is classified as a procedural order.