Lopez v. U.S. Department of the Interior

Background

Mariah Lopez filed this action without a lawyer. She sought a temporary restraining order and other injunctive relief. She also submitted an application to proceed without prepaying court fees, commonly called an application to proceed in forma pauperis, but the application did not contain a signature.

Order

The court relied on Rule 11(a) of the Federal Rules of Civil Procedure and the applicable local rule, which require an unrepresented party to sign pleadings, motions, and other court papers personally. The court explained that the required signature must be an original handwritten signature or a hand-placed mark.

The court directed Lopez to resubmit the application’s signature page with an original signature within 30 days of the order. No summons will issue at this time. If Lopez complies, the action will be processed under the Clerk’s Office procedures. If she does not comply within the allowed time, the action will be dismissed.

The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to proceed without prepaying fees for purposes of an appeal. The order did not address the merits of Lopez’s claims or decide her request for emergency relief.

Classification

This is a procedural order because it addresses a required signature and the processing of the fee application rather than deciding the underlying claims.