GERBER
v.
HENDERSON
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Pro se plaintiff Casey Gerber filed a civil complaint against Crystal Henderson but failed to pay the required filing fee or submit an application to proceed in forma pauperis. The district court dismissed the complaint without prejudice for failure to comply with filing requirements.
Yes. The court dismissed the complaint without prejudice because plaintiff failed to either pay the filing fee or submit an affidavit showing inability to pay as required by 28 U.S.C. § 1915 and Local Rule 1.05(c). Non-incarcerated litigants must comply with these requirements, whereas prisoners in custody receive different treatment.
[1] A federal court may dismiss an action without prejudice if the plaintiff fails to pay the filing fee or move to proceed in forma pauperis.
[2] A litigant who is not in custody must pay the filing fee or submit an affidavit showing inability to pay to commence a civil action.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“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.')”
Establishes the court's authority to require filing fees and the basis for dismissal.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCasey Gerber, a non-incarcerated pro se plaintiff, filed a civil complaint against Crystal Henderson. Gerber did not pay the filing fee nor submit an …
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Before the Court is pro se Plaintiff Casey Gerber'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 his claims, he 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/ao2391.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 February 20, 2025.
Sheri Polster Rappell SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record