context: The general rule is that remittance of a filing fee, although derived from a federal statute and sometimes from local rules, is not jurisdictional and the clerk should accept a complaint despite the plaintiffs failure to submit a filing fee or to request IFP status.
citation_a.signal: see also
citation_a.identifier: 103 F.Supp.2d 893, 897-99
citation_a.parenthetical: complaint is considered filed for statute of limitations purposes as of date of its receipt, but will not be docketed and summons will not issue until the appropriate fee is paid
citation_a.sentence: See Casanova v. Dubois, 304 F.3d 75, 80 (1st Cir.2002) (“The advance payment of a filing fee is generally not a jurisdictional prerequisite to a lawsuit;” inmates’ complaint was timely filed when placed in prison mail system, although not accompanied by IFP application or filing fee); McDowell, 88 F.3d at 191 (pro se litigant’s complaint was filed for statute of limitations purposes when it was filed with the clerk, even though the filing fee was not paid until fourteen months later); Robinson v. Doe, 272 F.3d 921, 922-23 (7th Cir.2001) (pro se prisoner’s § 1983 action was filed for statute of limitations purposes when the complaint was received by the court clerk even though the complaint was not accompanied by a filing fee or motion to proceed IFP, in violation of local rules), cert. denied, 535 U.S. 1084, 122 S.Ct. 1976, 152 L.Ed.2d 1033 (2002); Cintron v. Union Pacific Railroad Co., 813 F.2d 917 (9th Cir.1987) (filing fee prescribed by 28 U.S.C. § 1914 does not rise to the level of a jurisdictional requirement; where complaint was filed before statute of limitations expired but was returned for failure to comply with local rules and to pay correct filing fee, the case should not have been dismissed as untimely where the correct fee was paid promptly but after the statute of limitations had run); Rodgers, 790 F.2d at 1551-52 (complaint is deemed “filed” for statute of limitations purposes when actually or constructively received by the court clerk, despite untimely payment of the filing fee; plaintiffs social security appeal was filed when she filed it with the clerk, although her IFP application was subsequently denied and the filing fee was not paid until after the limitations period ran); Wrenn v. American Cast Iron Pipe Co., 575 F.2d 544, 547 (5th Cir.1978) (untimely payment of the filing fee does not vitiate the validity of a timely filed complaint; district court erred in dismissing pro se plaintiffs Title VII case when he failed to pay the filing fee within the time ordered); see also Molina v. City of Lancaster, 159 F.Supp.2d. 813, 819 (E.D.Pa.2001) (pro se litigant in civil matter “constructively filed” his complaint for statute of limitations purposes when he initially filed it with only a portion of the required filing fee and did not submit the remainder of the fee until after the limitations period ran); Wells v. Apfel, 103 F.Supp.2d 893, 897-99 (W.D.Va.2000) (complaint is considered filed for statute of limitations purposes as of date of its receipt, but will not be docketed and summons will not issue until the appropriate fee is paid).
citation_b.signal: see
citation_b.parenthetical: pro se prisoner's SS 1983 action was filed for statute of limitations purposes when the complaint was received by the court clerk even though the complaint was not accompanied by a filing fee or motion to proceed IFP, in violation of local rules
citation_b.sentence: See Casanova v. Dubois, 304 F.3d 75, 80 (1st Cir.2002) (“The advance payment of a filing fee is generally not a jurisdictional prerequisite to a lawsuit;” inmates’ complaint was timely filed when placed in prison mail system, although not accompanied by IFP application or filing fee); McDowell, 88 F.3d at 191 (pro se litigant’s complaint was filed for statute of limitations purposes when it was filed with the clerk, even though the filing fee was not paid until fourteen months later); Robinson v. Doe, 272 F.3d 921, 922-23 (7th Cir.2001) (pro se prisoner’s § 1983 action was filed for statute of limitations purposes when the complaint was received by the court clerk even though the complaint was not accompanied by a filing fee or motion to proceed IFP, in violation of local rules), cert. denied, 535 U.S. 1084, 122 S.Ct. 1976, 152 L.Ed.2d 1033 (2002); Cintron v. Union Pacific Railroad Co., 813 F.2d 917 (9th Cir.1987) (filing fee prescribed by 28 U.S.C. § 1914 does not rise to the level of a jurisdictional requirement; where complaint was filed before statute of limitations expired but was returned for failure to comply with local rules and to pay correct filing fee, the case should not have been dismissed as untimely where the correct fee was paid promptly but after the statute of limitations had run); Rodgers, 790 F.2d at 1551-52 (complaint is deemed “filed” for statute of limitations purposes when actually or constructively received by the court clerk, despite untimely payment of the filing fee; plaintiffs social security appeal was filed when she filed it with the clerk, although her IFP application was subsequently denied and the filing fee was not paid until after the limitations period ran); Wrenn v. American Cast Iron Pipe Co., 575 F.2d 544, 547 (5th Cir.1978) (untimely payment of the filing fee does not vitiate the validity of a timely filed complaint; district court erred in dismissing pro se plaintiffs Title VII case when he failed to pay the filing fee within the time ordered); see also Molina v. City of Lancaster, 159 F.Supp.2d. 813, 819 (E.D.Pa.2001) (pro se litigant in civil matter “constructively filed” his complaint for statute of limitations purposes when he initially filed it with only a portion of the required filing fee and did not submit the remainder of the fee until after the limitations period ran); Wells v. Apfel, 103 F.Supp.2d 893, 897-99 (W.D.Va.2000) (complaint is considered filed for statute of limitations purposes as of date of its receipt, but will not be docketed and summons will not issue until the appropriate fee is paid).