Payton v. Total by Verizon
- Laura Swain
- 1:25-cv-05880
- U.S. District Court · Southern District of New York
- 2
In Payton v. Total by Verizon, Judge Swain ordered Jonathan Payton to pay filing fees or submit a corrected fee-waiver application within 30 days.
Jonathan Payton, who must either pay the $405 in court fees or submit an amended application showing that he cannot afford them.
What happened
Payton v. Total by Verizon concerns Jonathan Payton’s request to proceed without paying the court’s filing fees upfront. He submitted an application stating that he was employed and received sales income, but he did not provide the amounts requested.
The court ordered Payton, within 30 days, either to pay $405 in fees or submit an amended application with facts showing that he cannot afford them. No summons will issue yet, and the case will be dismissed if he does not comply.
Judge Laura Taylor Swain also denied payment-free status for any appeal from this order, after certifying that an appeal would not be taken in good faith.
The detailed version
- Payton v. Total by Verizon · No. 1:25-cv-05880
- Laura Swain
- July 25, 2025
Background
Jonathan Payton brought this action without a lawyer. To proceed, he had to either pay $405 in court fees or submit a signed application to proceed without paying those fees in advance, known as an application to proceed in forma pauperis (IFP).
Payton submitted an IFP application. He stated that he was employed but did not provide his gross monthly income, instead indicating that his salary “varies.” He also reported income from “sales from company website” without stating the amount. The court therefore could not determine that he was unable to afford the fees.
Order
The court ordered Payton, within 30 days of the order, either to pay the $405 in fees or submit an amended IFP application. The amended application must use docket number 25-CV-5880 (LTS) and provide facts establishing that he cannot afford the fees. If the court grants the amended application, Payton may proceed without paying the fees in advance.
No summons will issue at this time. If Payton complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the permitted time, the action will be dismissed.
Appeal
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.