Dennis v. American Express Company
Horus Express Trust, on behalf of Dennis-Clarence/Corkscrew NY Inc. v. American Express Company, et al.
- Laura Swain
- 1:25-cv-08132
- U.S. District Court · Southern District of New York
- 2
In Horus Express Trust v. American Express, Chief Judge Swain ordered Clarence Dennis to pay fees or submit a complete IFP application within 30 days.
Clarence Dennis must either pay the $405 filing and administrative fees or submit a complete amended IFP application within 30 days. Horus Express Trust and Corkscrew NY, Inc. may not be represented in the action by Dennis without a licensed lawyer.
What happened
In Horus Express Trust, on behalf of Dennis-Clarence/Corkscrew NY Inc. v. American Express Company, et al., Clarence Dennis filed a lawsuit without a lawyer and asked to proceed without paying filing fees. His application stated that he was unemployed and had no income but left other questions unanswered.
The court said Horus Express Trust could not represent itself without a licensed lawyer, and Dennis could not represent the trust or Corkscrew NY, Inc. Because Dennis signed the complaint, the court treated it as filed by Dennis for his own claims. The court ordered him, within 30 days, either to pay $405 or submit a complete amended application showing that he cannot pay. No summons will issue yet.
Chief Judge Laura Taylor Swain did not dismiss the action at this stage, but said it will be dismissed if Dennis does not comply. She also denied fee-free status for any appeal from this order because the court certified that such an appeal would not be taken in good faith.
The detailed version
- Dennis v. American Express Company · No. 1:25-cv-08132
- Laura Swain
- Oct. 10, 2025
What the order addressed
Clarence Dennis filed the action without a lawyer and submitted an application to proceed without prepaying court fees. This status is commonly called proceeding in forma pauperis, or IFP. The court explained that a civil action requires either payment of $405—$350 for the filing fee and $55 for the administrative fee—or a signed IFP application.
Representation and scope of the complaint
The complaint stated that Horus Express Trust filed the action “on behalf of” Clarence Dennis and Corkscrew NY, Inc. The court held that an artificial entity such as a trust cannot represent itself without a licensed attorney. It also held that a nonlawyer may represent only his own interests, not those of another person or entity. Accordingly, Horus Express Trust could not proceed without a lawyer, and Dennis could not assert claims for the trust or Corkscrew NY, Inc. Because Dennis signed the complaint, the court construed it as filed by Dennis on his own behalf.
IFP application and required action
Dennis stated that he was unemployed and had no income, but he did not answer the other questions on the IFP application. The court therefore could not determine that he was unable to pay the fees.
Within 30 days of the order, Dennis must either pay the $405 in fees or submit an amended IFP application. The amended application must use docket number 25-CV-8132 (LTS), answer all applicable questions, and provide facts showing that he cannot pay the fees. If the court grants the amended application, Dennis may proceed without prepaying the fees.
Disposition
The order directs Dennis to pay the fees or submit an amended IFP application. No summons shall issue at this time. If Dennis complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the 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.