Mercer v. VIACOMCBS/PARAMOUNT

Background

Amirah Mercer brought the action without a lawyer and submitted an application to proceed without prepaying the filing fees. The court explained that starting a civil action required either payment of $402—$350 for the filing fee and $52 for the administrative fee—or a signed application requesting permission to proceed without prepayment.

The court found that Mercer’s application did not fully answer questions about her financial situation. She appeared to report no employment income, no income from the listed sources during the prior 12 months, and no money in the bank. She did not answer one question, and she listed $4,050 in monthly expenses. She also listed $5,000 in credit-card debt and $10,000 in loans without identifying to whom those debts were payable. Because the application did not explain the sources of income or how Mercer paid her expenses, the court could not determine whether she had enough money to pay the filing fees.

Order

The court ordered Mercer, within 30 days, either to pay the $402 in fees or submit an amended application to proceed without prepayment. The amended application had to answer all questions based on her current financial situation and provide facts showing that she could not pay the fees. The court stated that, if it granted the amended application, Mercer could proceed without prepaying the fees.

No summons would issue at that time. The court stated that the case would be processed through the Clerk’s Office if Mercer complied, but that the action would be dismissed if she did not comply within the allowed time.

Appeal and Effect

Judge Laura Taylor Swain certified under federal law that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order addressed only Mercer’s fee-waiver application and did not decide the merits of her claims against VIACOMCBS/PARAMOUNT.