Jackson v. U.S. Department of Human Service and National Association on Drug…

Background

Henry Jackson brought this action without a lawyer. To proceed with a civil case in the Southern District of New York, a plaintiff must either pay $405 in fees or submit a completed and signed application to proceed without prepaying those fees.

Jackson submitted an application to proceed without prepayment of fees. He indicated that he was unemployed, but also indicated that he had received income from employment, gifts, and public benefits during the previous 30 days. He did not state the amounts of that income or his expenses.

Court’s action

The court ordered Jackson, within 30 days of the order, either to pay the $405 in fees or to submit a fully completed, signed amended application. The amended application must address the missing income and expense information and provide facts showing that he cannot pay the fees. If the court grants the amended application, Jackson may proceed without prepaying the fees.

The court ordered that no summonses issue at this time. It stated that the case will be processed through the Clerk’s Office if Jackson complies and will be dismissed if he does not comply within the allowed period.

Appeal and scope of the order

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 fee-waiver status for an appeal. The order addressed only payment of filing fees and the application to proceed without prepayment; it did not decide the underlying claims against the defendants.