Chaplin v. Chelsea Massachusetts

Order’s purpose

The court issued an administrative order requiring Plaintiff to satisfy the filing-fee requirement before the civil action proceeds. The opinion does not decide the underlying claims or address the merits of the dispute.

Payment or application to proceed without prepayment

The court stated that a civil plaintiff must either pay $405 in fees or submit a signed application to proceed without prepayment of fees. The $405 consists of a $350 filing fee and a $55 administrative fee, subject to possible updates in the fee schedule.

Plaintiff was given 30 days from the date of the order to pay the fees or submit a completed and signed application. The order specifies acceptable payment methods and instructions. If Plaintiff complies, the case will be processed under the Clerk’s Office procedures. If the court grants the application, Plaintiff may proceed without paying the fees in advance.

Effect on the case

Until payment is received or a completed and signed application is received, the court stated that no further action will be taken, no summons will issue, and no answer will be required. If Plaintiff fails to comply or fails to request an extension of time, the action will be dismissed without prejudice to refiling.

Appeal-related ruling

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.

Disposition

Judge Laura Taylor Swain ordered Plaintiff to pay the required fees or submit an application to proceed without prepayment within 30 days. The order did not rule on the merits of the action.