ROGELIO BOLUFE IZQUIERDO, JUAN RIVERO, DANIEL FUNDORA, YUDIER CARRENO, YAIDEL CARRAZANA, RUBEN AUREOLES GONZALEZ, BYRON SANCHEZ IBARRA
v.
ALLIGATOR ALCATRAZ, FACILITY OFFICERS
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Plaintiffs filed a civil complaint without paying the required filing fee and without moving to proceed in forma pauperis. The court dismissed the action without prejudice for failure to comply with filing fee requirements applicable to non-custodial litigants.
The court dismissed the action without prejudice because non-custodial litigants must either pay the filing fee or move in forma pauperis at the time of filing, unlike prisoners in custody who may file initial papers without accompanying payment or an in forma pauperis motion.
“Each district court by rule or standing order may require advance payment of fees.”
Establishes the court's authority to require advance payment of filing fees
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Join FLexlaw to unlock all legal intelligencePlaintiffs, who are not in custody, filed a complaint titled 'Formal Declaration and Complaint to Innovation Law Lab.' They did not pay the filing fee…
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Before the Court is Plaintiffs’ “Formal Declaration and Complaint to Innovation Law Lab.” (Doc. 1.) Plaintiffs (who are not in custody) have yet to pay the filing fee or move to proceed without prepayment of costs. See 28 U.S.C. § 1915 (allowing a litigant to commence a civil action without prepayment of the filing fee if the litigant submits an affidavit showing they are unable to pay). The Court thus dismisses this action without prejudice. See 28 U.S.C. § 1914(c) ("Each district court by rule or standing order may require advance payment of fees."); Local Rule 1.05(c) (“The clerk must accept an initial paper from a person in custody even if no filing fee or motion for leave to proceed in forma pauperis accompanies the paper.” (emphasis added)); Myers v. City of
Naples, Fla., No. 23-13073, 2024 WL 4691100, at *2 (11th Cir. Nov. 6, 2024) (affirming the dismissal of an unrepresented, non-prisoner litigant's complaint for failure to contemporaneously pay the filing fee or move in forma pauperis).
Accordingly, it is now ORDERED:
1. This case is DISMISSED without prejudice.
2. The Clerk is DIRECTED to deny any pending motions as moot, terminate any deadlines, and close the case.
ENTERED in Fort Myers, Florida on November 25, 2025.
Kyle C. Dudek United States District Judge