Armstrong v. B&H Photo

Background

Richard Armstrong brought the action pro se, meaning without a lawyer. The opinion identifies B&H Photo and other defendants but does not describe the claims. To begin a civil action in the court, Armstrong had to either pay $400 in filing and administrative fees or submit a signed application to proceed without prepaying those fees, commonly called an application to proceed in forma pauperis (IFP).

Application Deficiencies

Armstrong submitted an IFP application. The court found that his responses did not establish that he was unable to pay. The application reported a gross salary of $2,000 per month and income during the preceding year from a pension, annuity, life insurance, gift, inheritance, or another source. It also did not answer questions about rental income or disability or workers’ compensation benefits.

Order

The court ordered Armstrong to do one of two things within 30 days of the order: pay the $400 in fees or submit an amended IFP application. The amended application had to use docket number 19-CV-11676 (CM) and provide facts establishing that he could not pay the fees. If the court granted the amended application, Armstrong would be allowed to proceed without prepaying the fees.

Judge Colleen McMahon directed the Clerk of Court to assign the matter to her docket, mail the order to Armstrong, and record service on the docket. The court directed that no summons issue at that time and stated that the action would be dismissed if Armstrong did not comply within the allowed period. The court also certified that an appeal from the order would not be taken in good faith and denied fee-free status for an appeal. The order did not address the merits of Armstrong’s claims.