Gross v. Applied UV, Inc.

Background

David S. Gross brought this action without a lawyer and submitted an application to proceed without prepaying the filing fees, commonly called an IFP application. The court explained that a civil action requires payment of $405: a $350 filing fee and a $55 administrative fee, unless the court authorizes proceeding without prepayment under 28 U.S.C. § 1915.

The Court’s Analysis

The court found that Gross’s responses did not establish that he was unable to pay the fees. Gross reported that he was self-employed and earned approximately $687 per month. He stated that his parents paid his rent, that he had about $318 in monthly expenses, and that he had no dependents, debts, or financial obligations. He also reported approximately $19,100 in cash or checking and savings accounts, along with approximately $40,673 in brokerage and individual retirement accounts.

The court noted that his stated monthly expenses were less than half of his monthly income and that, even without considering the brokerage and retirement accounts, he appeared to have enough money to pay the filing fees.

Order

The court ordered Gross, within 30 days of March 24, 2025, either to pay the $405 in fees or to submit an amended IFP application addressing the deficiencies identified in the order and providing facts showing that he cannot pay. If the court grants the amended application, he may proceed without prepaying the fees.

No summons will issue at this time. If Gross complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the permitted time, the action will be dismissed. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied IFP status for purposes of an appeal.