Dennis v. Cellco Partnership d/b/a Verizon Wireless
- Laura Swain
- 1:25-cv-08134
- U.S. District Court · Southern District of New York
- 2
In Dennis v. Cellco Partnership, Judge Swain ordered Clarence Dennis to pay filing fees or submit a complete fee-waiver application within 30 days.
Clarence Dennis, whose case must first satisfy the payment or amended fee-waiver requirement; Cellco Partnership has not yet been served because no summons issued.
What happened
In Clarence Dennis v. Cellco Partnership d/b/a Verizon Wireless, Clarence Dennis sued Cellco Partnership and asked to proceed without paying the filing fees upfront. He submitted an application, but left unanswered questions about how he pays living expenses and how much money he has.
The court ordered Dennis, within 30 days, to either pay $405 in fees or submit a completed application showing that he cannot afford them. The court did not issue a summons, and the case will be dismissed if he does not comply.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Dennis v. Cellco Partnership d/b/a Verizon Wireless · No. 1:25-cv-08134
- Laura Swain
- Oct. 7, 2025
Background
Clarence Dennis brought this action without a lawyer. To begin a civil action in the Southern District of New York, a plaintiff must either pay $405 in filing and administrative fees or submit a signed application to proceed without prepaying those fees. Dennis submitted an application to proceed without prepayment.
Court’s Analysis
The court found that Dennis’s application did not establish that he was unable to pay. Although he stated that he had no source of income, he did not answer how he paid his living expenses or how much money he had in cash or in a bank account. Because the application was incomplete, the court could not determine that he qualified to proceed without prepaying the fees.
Order
The court ordered Dennis to do one of two things within 30 days of October 7, 2025: pay the $405 in fees or submit an amended application that answers all applicable questions and provides facts showing that he cannot pay. If the court grants the amended application, Dennis may proceed without prepaying the fees. No summons will issue at this time. If Dennis does not comply within the allowed period, the action will be dismissed.
The court also certified that any appeal from this order would not be taken in good faith and denied fee-free status for purposes of an appeal. The order does not decide the underlying claims against Cellco Partnership.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.