Higgins v. Blinken

Background

Mark Rock Higgins brought the action pro se, meaning without a lawyer. He submitted the complaint without paying the required filing and administrative fees and without submitting an application to proceed in forma pauperis, which means without prepaying court fees.

Order

The court stated 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 application requesting permission to proceed without prepayment. The court gave Higgins 30 days from the date of the order to pay the fees or submit the application. If he submitted the application, it was to identify docket number 22-CV-9714 (LTS). The court explained that, if it granted the application, Higgins could proceed without prepaying the fees.

Effect

The court directed that no summons issue at that time. It stated that the case would be processed under the Clerk’s Office procedures if Higgins complied, and that the action would be dismissed if he failed to comply within the allowed time. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order did not address the merits of Higgins’s claims.