Jones v. Westside Building and Restoration, Inc.

Background

Shelly Jones and Warren Jones filed this action without lawyers. To begin a civil action in the Southern District of New York, a plaintiff must either pay the required fees or submit a completed and signed application to proceed without prepaying them. The opinion states that the total fees are $405: a $350 filing fee and a $55 administrative fee.

Warren Jones submitted a complaint and a signed but incomplete fee-waiver application. He wrote that he disputed a debt and related contract claims. Shelly Jones did not submit an application.

Order

The court ordered the plaintiffs, within 30 days of April 23, 2025, either to pay the full $405 or for each plaintiff to complete, sign, and submit the attached applications. If the court grants the applications, the plaintiffs may proceed without paying the fees in advance. The applications must identify docket number 25-CV-3339 (LTS).

The court directed that no summons issue at that time. It also stated that it would rule on the plaintiffs’ request for emergency court relief after the fees were paid or the applications were granted. If both plaintiffs fail to comply, the court will dismiss the action; if only one plaintiff fails to comply, that plaintiff will be dismissed from the action.

Additional ruling

The court rejected, as without merit, any argument by Warren Jones that the filing fees violated his rights, citing Supreme Court precedent upholding filing fees. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. Judge Laura Taylor Swain signed the order.