Scamp v. Higgins Family Trust

Background

Loretta Gay Scamp was proceeding without a lawyer. On February 22, 2023, the court ordered her, within 30 days, either to submit a completed application to proceed without paying the filing fee or to pay the $402 required to file a civil action. The order warned that failing to comply would result in dismissal of the complaint.

Scamp did not submit the fee or the application. Instead, she filed a “Master Bill of Lading, Ships Manifest Non-Negotiable Bill of Exceptions to the Order Directing Payment of Fee or IFP Application,” a notice of interlocutory appeal, and another document referring to herself as a “Moor Irish beneficiary” and citing treaties.

Appeal and jurisdiction

The court held that it retained authority to decide the case despite the notice of appeal. The notice challenged a nonfinal order directing Scamp to pay the fee or submit the application, and that order had not been certified for an immediate appeal. The court therefore found the notice of appeal “plainly defective” and concluded that it did not transfer authority over the case to the appeals court.

Ruling

The court dismissed the complaint without prejudice for failure to comply with its February 22 order. “Without prejudice” means the dismissal did not bar refiling, although the opinion does not state what requirements would apply to any later filing. The court certified that any appeal from this order would not be taken in good faith and denied Scamp permission to proceed without paying the fee for purposes of an appeal. It directed the Clerk of Court to enter judgment.

Date note

The supplied case information lists March 27, 2023, as the filing date, while the opinion’s signature block states “Dated: March 27, 2022.”