No v. Salvation Army

Background

Jeong-Suk No brought this action without a lawyer. To proceed in the Southern District of New York, a plaintiff must either pay $400 in fees—a $350 filing fee and a $50 administrative fee—or submit a signed application requesting permission to proceed without prepaying fees. No submitted such an application.

Deficiency in the Application

The court found that No’s answers did not establish that he was unable to pay the fees. Although he stated that he was not employed, he did not answer questions about his income and financial situation. The court said it therefore lacked sufficient information about his income, expenses, assets, and how he supported himself.

Order

Judge Colleen McMahon ordered No to do one of two things within 30 days of the order: pay the $400 in fees or submit an amended application. The amended application must answer every question, identify all income sources and monthly expenses, describe how No supports himself, and include docket number 19-CV-11282 (CM). If the court grants the amended application, No may proceed without prepaying fees.

The court directed the Clerk of Court to assign the matter to Judge McMahon’s docket and note service. No summons was to issue at that time. The court stated that it would process the case if No complied and would dismiss the action if he did not comply within the allowed time.

The court also certified that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. This order addressed the fee-payment application and did not decide the underlying claims.