Kirkland v. The People of the State of New York

Background

Tarence Kirkland brought this civil action without a lawyer. To proceed in the case, he had to either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or submit a signed application to proceed without prepaying fees under 28 U.S.C. § 1915.

Kirkland submitted an application to proceed without prepaying fees. The application stated that he had no source of income and no money in a bank account. It listed his expenses as “none,” but did not explain how he was able to eat or pay housing expenses. The court therefore could not determine whether he was able to pay the required fees.

Order

The court ordered Kirkland, within 30 days of May 14, 2025, to do one of two things: pay the $405 in fees or submit an amended application. The amended application had to provide facts establishing that he could not pay the filing fees and include docket number 25-CV-3812 (LTS). If the court grants the amended application, Kirkland may proceed without paying the fees in advance.

No summons would issue at that time. The court stated that, if Kirkland complied with the order, the case would be processed under the Clerk’s Office’s procedures. If he failed to comply within the allowed time, the action would be dismissed.

Appeal and disposition

Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without prepaying fees for an appeal. The order addressed the filing-fee application and did not decide the merits of Kirkland’s underlying claims.