Cole v. Mecklenburg County Tax Collector et al

Filing 5

ORDER DISMISSING APPEAL without prejudice for failing to pay the required filing fee.. Signed by Chief Judge Frank D. Whitney on 1/10/18. (Pro se litigant served by US Mail.)(clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:17-cv-00661-FDW
[BR Case No. 16-30960]
ELIZABETH COLE,

)
)
Appellant,
)
)
vs.
)
)
MECKLENBURG
COUNTY
TAX )
COLLECTOR
and
WARREN
L. )
TADLOCK,
)
)
Appellees.
)
)

ORDER

THIS MATTER is before the court on review of the Memorandum submitted by the Clerk
of the Bankruptcy Court to the Clerk of this Court indicating that appellant has failed to pay the
required filing fee for her appeal of three orders of $894.00.
Review of the court’s docket reveals that appellant has taken no action to pay the required
fee after her application in forma pauperis, 28 U.S.C. § 1930(f)(1), was denied on December 5,
2017. (Doc. No. 4). The Judicial Conference of the United States has deemed it appropriate to
impose a filing fee on those seeking review of the Bankruptcy court decisions. Specifically, 28
U.S.C. § 1930(b) provides that the “Judicial Conference of the United States may prescribe
additional fees in cases under title 11 of the same kind as the Judicial Conference prescribes under
section 1914(b) of this title.” Section 1914(b) provides that the “[bankruptcy] clerk shall collect
from the parties such additional fees only as are prescribed by the Judicial Conference of the United
States.” The Judicial Conference, in turn, has provided “[bankruptcy] clerk shall collect from the
parties such additional fees only as are prescribed by the Judicial Conference of the United States.”
The Judicial Conference, in turn, has provided for the collection of a filing fee “[f]or filing an

appeal or cross appeal from a judgment, order, or decree, [of] $293. This fee is collected in addition
to the statutory fee of $5 that is collected under 28 U.S.C. § 1930(c) when a notice of appeal is
filed.” Bankruptcy Court Miscellaneous Fee Schedule (Dec. 1, 2016).1 As Appellant has appealed
three court orders, the required filing fee for these appeals totals $894.00.
Finally, the Court has considered whether further notice is likely to gain compliance. On
November 13, 2017, appellant was provided written notice of her obligation to pay the filing fee
pursuant to 28 U.S.C. § 1930 within ten business days. Appellant was provided notice of the denial
of her application in forma pauperis and her obligation to pay the filing fee when she was sent a
copy of the Memorandum on December 7, 2017. Appellant has in no manner sought to cure the
deficiency or in any manner communicate with the Court.
THEREFORE, the Court hereby DISMISSES without prejudice the appeal for failing to
pay the required filing fee.
IT IS SO ORDERED.

Signed: January 10, 2018

1

http://www.uscourts.gov/services-forms/fees/bankruptcy-court-miscellaneous-fee-schedule.

2