Shah v. Secretary of Health and Human Services

Background

Kokila Shah filed this civil action without paying the required fees and without submitting an application to proceed without prepaying fees. The opinion states that Shah was proceeding without a lawyer.

Order

The court explained that filing a civil action generally requires payment of $402: a $350 filing fee and a $52 administrative fee. Alternatively, a plaintiff may request permission to proceed without prepaying fees by submitting a signed application. This status is commonly called proceeding in forma pauperis, or IFP.

The court gave Shah 30 days from the date of the order to either pay the $402 or submit the attached IFP application. If Shah submitted the application, it was to identify docket number 22-CV-9579 (LTS). The court stated that, if it granted the application, Shah would be permitted to proceed without prepaying fees.

No summons would issue at that time. The court stated that the case would be processed under the Clerk’s Office procedures if Shah complied with the order, and that the action would be dismissed if she did not comply within the allowed time.

Appeal and disposition

The court 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 IFP status for purposes of an appeal. The order addressed filing fees and access to the court; it did not decide the merits of Shah’s underlying claims.