Anthony et al v. Mayopoulos et al

Filing 12

ORDERED that Plaintiffs Patricia Louise Anthony and William Michael Anthony have twenty-one (21) days from the entry of this Order to show cause as to why this case should not be dismissed for failing to pay the required filing fee. Failure to respond to this Order will result in a dismissal of their claim with prejudice. Signed by Judge Miranda M. Du on 5/3/2013. (Copies have been distributed pursuant to the NEF - DRM)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9

PATRICIA LOUISE ANTHONY and
WILLIAM MICHAEL ANTHONY,

Case No. 3:13-cv-00147-MMD-WGC

10
Plaintiffs,

ORDER

11
v.
12
TIMOTHY MAYOPOULOS, et al.,
13
Defendants.
14
15

On March 22, 2013, Plaintiffs filed a “Declaration of Wrongs.” (See dkt. no. 2.)

16

The Court issued an order on April 8, 2013, informing Plaintiffs that the filing fee for

17

proceeding in federal court had not been filed. (See dkt. no. 8.) The Court noted that

18

Plaintiffs may proceed with their filings if they pay the appropriate filing fee or submit an

19

Application to Proceed in forma pauperis. The Court provided Plaintiffs with twenty (20)

20

days to comply.

21

As of May 3, 2013, Plaintiffs have not filed the Application, nor have they paid the

22

appropriate filing fee. Instead, Plaintiffs filed a “Writ of Error and Corrections” refusing to

23

comply with the Court’s April 8 Order. (See dkt. no. 11.) Plaintiffs mischaracterize the

24

filing fee requirement as an imposition of a debt upon Plaintiffs by the Court. Contrary to

25

Plaintiffs’ statements, federal courts have routinely held that “reasonable costs may be

26

imposed on persons who want to sue.” Lumbert v. Illinois Dep’t of Corrections, 827 F.2d

27

257, 259 (7th Cir.1987). For those individuals who cannot pay the reasonable court

28

costs associated with bringing a suit, the in forma pauperis mechanism exists to waive

1

filing fees should a litigant not have the means to pay for their costs of bringing litigation.

2

Proceeding in forma pauperis simply means that a plaintiff is allowed to bring a suit

3

without paying a filing fee; it does not alter their rights under the law, or impact the merits

4

of their claims. In the absence of meeting the in forma pauperis process, any litigant

5

seeking to bring a suit in federal court must pay a filing fee.

6

Accordingly, Plaintiffs are required either to pay their filing fee or to submit their in

7

forma pauperis application for review. As they have failed to do either, they will be

8

required to show cause as to why this case should not be dismissed.

9

IT IS THEREFORE ORDERED that Plaintiffs Patricia Louise Anthony and William

10

Michael Anthony have twenty-one (21) days from the entry of this Order to show cause

11

as to why this case should not be dismissed for failing to pay the required filing fee.

12

Failure to respond to this Order will result in a dismissal of their claim with prejudice.

13

DATED THIS 3rd day of May 2013.

14
15
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28
2