Pickett v. GM
- Edgardo Ramos
- 1:20-cv-00075
- U.S. District Court · Southern District of New York
- 2
In Pickett v. GM, Judge McMahon ordered pro se plaintiff Juanita Pickett to pay filing fees or submit a complete application to proceed without prepayment.
Juanita Pickett, whose request to proceed without prepaying the filing fees was found insufficient and who was given 30 days to pay the fees or submit an amended application; the case could be dismissed if she did not comply.
What happened
In Pickett v. GM, Juanita Pickett brought a civil action without a lawyer and submitted an application asking to proceed without paying the filing fees upfront. The opinion does not describe the claims.
The court found that Pickett had not provided enough information about her income, expenses, or assets to show that she could not pay the fees. It ordered her, within 30 days, either to pay $400 or submit a corrected application answering every question and providing the requested financial information.
Judge McMahon directed the Clerk to mail the order to Pickett and stated that no summons would issue yet. The court warned that it would dismiss the action if she did not comply, and denied fee-free status for any appeal from this order.
The detailed version
- Pickett v. GM · No. 1:20-cv-00075
- Edgardo Ramos
- Jan. 13, 2020
Background
Juanita Pickett sued GM and Motor Liquidation Co. The opinion states that Pickett was representing herself. To begin a civil action in the district court, a plaintiff must either pay a $350 filing fee and a $50 administrative fee, for a total of $400, or submit a signed application to proceed without paying those fees in advance.
Pickett submitted an application to proceed without prepayment of fees. She stated that she was not currently employed, but did not answer the questions about her income and financial situation. The court therefore could not determine from the application whether she lacked enough money to pay the fees.
Order
The court ordered Pickett, within 30 days of the order, to do one of two things: pay the $400 in fees or submit an amended application. The amended application had to use docket number 20-CV-0075 (CM), answer every question, list all sources of income and monthly expenses, describe any assets, and explain how she was supporting herself. If the court granted the amended application, Pickett could proceed without paying the fees in advance.
The Clerk was directed to mail Pickett a copy of the order and record service on the docket. No summons would issue at that time. The order stated that the court would process the case if Pickett complied and would dismiss the action if she 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 purposes of an appeal.
Disposition
Judge Colleen McMahon did not decide the underlying claims. The order required payment of the fees or a complete amended application and set a deadline for compliance.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.