Arias v. HPD

Background

Justo Arias brought this action without a lawyer. To proceed with a civil case in the Southern District of New York, a plaintiff must either pay the required fees or apply to proceed without prepaying them. Arias submitted an application to proceed without prepaying fees, commonly called an IFP application.

Deficiencies in the Application

Arias stated that he was employed and earned $7,200 per month. He also indicated that he had other income but did not identify its source or amount. He did not provide the amounts of money in cash or in checking or savings accounts, information about property he owned and its value, monthly living expenses, dependents, debts, or other financial obligations. Because of these omissions, the court could not conclusively determine whether Arias was unable to pay the filing fees. The court noted that his stated monthly income suggested that he might be able to pay them.

Order

The court ordered Arias, within 30 days of the order, to either pay $405 in filing and administrative fees or submit an amended IFP application. The amended application must use docket number 25-CV-4171 (LTS) and provide facts showing that he cannot afford the fees. If the court grants the amended application, Arias may proceed without prepaying the fees.

No summons would issue at that time. If Arias complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the allowed time, the action would be dismissed. The court also certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The order did not address the merits of Arias’s claims against HPD.