No v. USA LWS

Background

Jeong-Suk No brought the action without a lawyer against USA LWS (NYC), Visa, WeWork, and the Federal Trade Commission. The opinion does not describe the underlying claims. To proceed without paying court fees, No submitted an application to proceed without prepayment of fees, commonly called an IFP application.

Court’s analysis

The court explained that a civil-action plaintiff must either pay $400 in filing and administrative fees or submit a signed IFP application. No stated that he was not presently employed, but he did not answer the questions about his income and financial situation. Because the application did not provide enough information about income, expenses, assets, or how he supported himself, the court could not determine that he lacked enough money to pay the fees.

Order

The court ordered No, within 30 days of the order, either to pay the $400 in fees or submit an amended IFP application labeled with docket number 19-CV-11674 (CM). The amended application must answer every question, identify all sources of income and monthly expenses, and explain how No is able to support himself. The court did not grant the submitted IFP application. It stated that, if it grants an amended application, No may proceed without prepaying fees.

The Clerk was directed to send the order to No and record service on the docket. 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. Judge Colleen McMahon certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.