Lewis v. Laz Parking Ltd., LLC

Background

Andre Lewis brought this action against Laz Parking Ltd, LLC, and Juan Irizarry while representing himself. To proceed without paying court fees in advance, Lewis submitted an application to proceed without prepayment of fees. The court explained that the required fees total $405: a $350 filing fee and a $55 administrative fee.

Lewis’s application stated that he was unemployed, but did not provide his last employment date or his gross monthly wages at that time. He stated that he had received no income from any source during the previous 12 months, but did not explain how he was paying his living expenses. He also reported negative balances in his checking and/or savings accounts, no personal or real property, and no debts or financial obligations. The application did not answer questions about monthly expenses, including housing and transportation, or provide information about expenses related to his dependent child.

Court’s Action

The court held that the incomplete answers prevented it from determining that Lewis could not afford the filing fees. It ordered him, within 30 days of the order, either to pay the $405 in fees or submit an amended application to proceed without prepayment of fees. The amended application must use docket number 24-CV-2341 (LTS) and provide facts addressing the identified deficiencies. The court stated that, if it grants the amended application, Lewis may proceed without paying the fees in advance.

The court directed the Clerk of Court to restrict electronic access to the fee application on a “case participant-only” basis because Lewis appeared to have referred to a minor child by the child’s full name. The court also directed that future filings refer to a minor child only by the child’s initials. The court noted that access to the electronic docket had likewise been restricted while Lewis’s motion to seal the case remained unresolved.

Other Motions and Disposition

No summons will issue at this time. The court will not address Lewis’s other motions, including his motion for a preliminary injunction, until he pays the fees or submits an application showing that he cannot pay them. The court stated that the action will be dismissed if Lewis does not comply within the allowed time. It also certified that an appeal from the order would not be taken in good faith and denied fee-waiver status for purposes of an appeal. This is a procedural order concerning payment of fees and the application to proceed without prepayment; it does not decide the underlying claims against the defendants.