KEENE
v.
UNKNOWN
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Pro se plaintiff Renee Marie Keene filed a civil complaint without paying the required filing fee and without submitting an application to proceed in forma pauperis. The district court dismissed the complaint without prejudice for failure to comply with statutory filing requirements.
The court may and must dismiss such a complaint without prejudice. A non-prisoner litigant must either pay the filing fee or submit a signed application to proceed in forma pauperis; the court's local rules allow acceptance of papers without fees only for persons in custody.
“Each district court by rule or standing order may require advance payment of fees.”
Establishes the statutory authority for district courts to require prepayment of filing fees
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Join FLexlaw to unlock all legal intelligencePlaintiff Renee Marie Keene, who is not in custody, filed a pro se complaint but neither paid the filing fee nor submitted an affidavit or motion to p…
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Before the Court is pro se Plaintiff Renee Marie Keene's Complaint. (Doc. 1). Plaintiff (who is not in custody) has 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). If Plaintiff
wants to proceed with her claims, she may file another complaint under a separate case number that is accompanied by the required filing fee or a signed long-form application to proceed without prepaying fees or costs (available at www.uscourts.gov/sites/default/files/ao239 1.pdf).
Accordingly, it is now
ORDERED:
1. The Complaint (Doc. 1) is DISMISSED without prejudice. 2. The Clerk is DIRECTED to deny any pending motions as moot, terminate any deadlines, and close the case.
DONE and ORDERED in Fort Myers, Florida on April 29, 2025.
Sheri Polster Rappell SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record