Franklin v. Carter
- Laura Swain
- 1:25-cv-00231
- U.S. District Court · Southern District of New York
- 2
In Franklin v. Carter, Judge Swain directed Franklin to pay $405 or submit an amended fee-waiver application within 30 days.
Ephesians Johnny Franklin, whose case must proceed only after he pays the $405 fee or submits a sufficient amended fee-waiver application within 30 days.
What happened
In Franklin v. Carter, Ephesians Johnny Franklin filed the action without a lawyer and asked to proceed without paying the court fees. His application said he was employed and earned income, but it did not provide enough information about his bank account, expenses, debts, or how he paid other obligations.
The court ordered Franklin, within 30 days, either to pay $405 or submit a completed and signed amended application explaining why he could not pay. The court said no summons would issue yet and that the case would be dismissed if he did not comply.
Judge Laura Taylor Swain also denied fee-waiver status for any appeal from this order, finding that an appeal would not be taken in good faith. The order did not decide the underlying claims or the pending motions.
The detailed version
- Franklin v. Carter · No. 1:25-cv-00231
- Laura Swain
- Feb. 27, 2025
Background
Ephesians Johnny Franklin brought this action without a lawyer and submitted an application to proceed without prepaying the court’s fees. The court explained that starting a civil action requires either payment of $405—$350 filing fee plus $55 administrative fee—or a completed and signed application showing that the plaintiff cannot pay.
Franklin’s application stated that he was employed, had a gross salary of $2,000, and received $400 per week in take-home pay. He reported no income from other listed sources. He answered “Na” to questions about money in a bank account, monthly expenses, and debts or other financial obligations. For other assets, he wrote, “Slab City Videogame not published stemming.” He also alleged that he paid $1,000 each month to support his son, but the application did not explain how he met that obligation or paid his other living expenses.
Court’s Order
The court said it could not rule on Franklin’s fee-waiver application because the information about his income and expenses was insufficient. Within 30 days of the order, Franklin must either pay the $405 in fees or fully complete, sign, and submit the attached amended application. The amended application must use docket number 25-CV-231 (LTS) and provide facts showing that he cannot pay the fees.
If the court grants the amended application, Franklin may proceed without paying the fees in advance. No summons would issue at that time. The court stated that the action would be processed through the Clerk’s Office if Franklin complied, but it would dismiss the action if he did not comply within the allowed time. The court also stated that it would not address the pending motions until the fee issue was resolved.
Disposition
This is a procedural order concerning Franklin’s application to proceed without prepaying fees. It did not resolve the underlying claims. Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied fee-waiver status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.