Khan v. LT Hospitality Management, Inc.

Background

MD Mamun Khan brought the action without a lawyer and submitted an application to proceed without prepaying fees, commonly called an application to proceed in forma pauperis. The court explained that a civil action requires either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or a signed application requesting permission to proceed without prepayment.

Khan stated that he had no source of income but did not answer questions about how he pays his expenses. He also left blank the questions about his expenses. Because the application did not provide a full account of his financial circumstances, the court could not determine whether he could pay the fees.

Order

The court ordered Khan to do one of two things within 30 days of the order: pay the $405 in fees or submit an amended application. The amended application must address the identified deficiencies by providing facts establishing that Khan is unable to pay the filing fees and must be labeled with docket number 25-CV-3990 (LTS). If the court grants the amended application, Khan may proceed without prepaying the fees.

No summons will issue at this time. If Khan complies with the order, the Clerk’s Office will process the case under its procedures. If he does not comply within the allowed time, the action will be dismissed. The order does not decide the underlying claims against LT Hospitality Management, Inc.

Appeal-related ruling

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.