Flowers v. The State of Texas

Background

Millania Flowers, Zyyon Sims, and Trenesha Biggers filed this civil action without a lawyer. They submitted the complaint without paying the required fees and without submitting applications to proceed without prepaying fees.

Court’s Order

The court explained that filing a civil action required either payment of a $350 filing fee and a $52 administrative fee, totaling $402, or a signed application to proceed without prepayment under 28 U.S.C. §§ 1914 and 1915. Within 30 days of the order, the plaintiffs were required either to pay the $402 or for each plaintiff to submit the attached application. If the court grants an application, that plaintiff may proceed without paying the fees in advance.

The court ordered that no summons issue at that time. It stated that the case would be processed through the Clerk’s Office if the plaintiffs complied and that the action would be dismissed if they did not comply within the allowed time. The court also certified that an appeal would not be taken in good faith and denied status allowing an appeal without prepayment of fees.

Disposition and Scope

Judge Laura Taylor Swain issued an order directing payment of fees or submission of applications to proceed without prepayment. The order did not decide the merits of the plaintiffs’ claims, and the opinion does not describe those claims.