Opinion
2:24-cv-257-SPC-KCD
03-26-2024
NEW JERSEY, JOSEPH JAMES and CARABILLO PATERFAMILIAS, upon its 1776 Constitution, Plaintiffs, v. STATE OF FLORIDA, CHARLOTTE COUNTY JAIL, JUDICIARY COURTS, THE STATE OF FLORIDA, CHARLOTTE COUNTY, FLORIDA DEPARTMENT OF LAW ENFORCEMENT and 15TH JUDICIAL CIRCUIT, Defendants.
ORDER
Kyle C. Dudek United States Magistrate Judge
Plaintiffs, proceeding without a lawyer, filed a “Constitutional complaint against sundry Traitorous Acts” (Doc. 1) but did not pay the filing fee, or seek leave to proceed in forma pauperis.
Under 18 U.S.C. § 1914, “[t]he clerk of each district court shall require the parties instituting any civil action, suit or proceeding in such court, whether by original process, removal or otherwise, to pay a filing fee of $350.” 28 U.S.C. § 1914(a). Further, the Clerk of Court is permitted to collect from the parties “such additional fees only as are prescribed by the Judicial Conference of the United States.” 28 U.S.C. § 1914(b). Under these statutes, Plaintiffs are required to pay a filing fee of $405.
Alternatively, if Plaintiffs are unable to pay this filing fee, they may request leave to proceed in forma pauperis under 28 U.S.C. § 1915(a)(1). Section 1915 provides that “any court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such prisoner possesses that the person is unable to pay such fees or give security therefor.” 28 U.S.C. § 1915(a)(1).
The case cannot proceed without either payment, or an affidavit establishing that plaintiffs are indigent. The necessary forms may be obtained from the Court's website, or through the Clerk's Office.
Accordingly, it is hereby
ORDERED
Plaintiffs must pay the $405 filing fee or move to proceed in forma pauperis with supporting affidavits by April 25, 2024. Failing to exercise one of these options may result in a recommendation that this action be dismissed for failure to prosecute without further notice.