Pierre v. United States

Background

Katheline Pierre brought the action without a lawyer. The opinion's caption identifies the defendant as "United States Federal Agency of Deposit Insurance Corporation." To start a civil case in the Southern District of New York, a plaintiff must pay $402 in filing and administrative fees or submit a signed application to proceed without prepaying those fees, commonly called an in forma pauperis application.

Pierre submitted a complaint with a $402 check, and the court issued a summons. The check was later returned unpaid because the account did not have enough funds. The court therefore found that Pierre had neither paid the required fees nor submitted an application to proceed without prepayment. The opinion also notes that the court accepted the payment as an attorney check because it was labeled with the name "attorney-at-law MuyasiMpiences PLLC."

Ruling

The court ordered the Clerk of Court to administratively close the action because Pierre had not paid the filing fees or requested permission to proceed without prepayment. The court stated that no answer from the defendant was required at that time.

To reopen the action, Pierre must, within 14 days, pay the $53 insufficient-funds fee identified by the court's Finance Unit. She must also either submit a completed application to proceed without prepayment and show that she cannot afford the costs of the lawsuit, or pay the $402 filing fee in cash or by money order. The order states that all fees may be paid in one $455 money order.

If Pierre complies, the case will be reopened and screened under 28 U.S.C. § 1915(e)(2). If she does not comply within the allowed period, the action will remain closed. Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.