Zietek v. Pinnacle Nursing & Rehab Center

Background

Genevieve Zietek brought this action without a lawyer. She submitted the complaint without paying the required fees and without submitting an application to proceed without prepaying fees, commonly called an IFP application.

Order

The court explained that proceeding with a civil action required either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or submission of a signed IFP application under 28 U.S.C. §§ 1914 and 1915. The court gave Zietek 30 days from the date of the order to pay the fees or submit the application, labeled with docket number 21-CV-5488. If the court granted the application, Zietek could proceed without prepaying the fees.

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

Appeal

The court certified that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.

Disposition

Judge Laura Taylor Swain issued an order directing Zietek either to pay the required fees or submit an IFP application. The order did not decide the underlying claims against Pinnacle Nursing & Rehab Center.