Alexander v. JP Morgan Chase Bank, N.A.
- Colleen McMahon
- 1:19-cv-10811
- U.S. District Court · Southern District of New York
- 2
In Alexander v. JP Morgan Chase Bank, N.A., Judge McMahon dismissed the complaint without prejudice after Alexander failed to provide required fee-waiver information.
Jeriel Alexander, whose complaint was dismissed without prejudice because he did not provide the information required by the court’s orders. J.P. Morgan Chase Bank N.A. was the defendant.
What happened
Alexander v. JP Morgan Chase Bank, N.A. involved Jeriel Alexander’s request to proceed without paying the filing fee. Alexander represented himself and submitted three applications stating little or nothing about how he paid his living expenses.
The court found the applications inadequate despite two orders giving Alexander additional opportunities to provide the required information. It dismissed the complaint without prejudice for failing to follow those orders, allowing Alexander 30 days to pay the $400 filing fee to continue the case.
Chief United States District Judge Colleen McMahon also denied Alexander permission to proceed without paying fees for an appeal, certifying that an appeal would not be taken in good faith.
The detailed version
- Alexander v. JP Morgan Chase Bank, N.A. · No. 1:19-cv-10811
- Colleen McMahon
- Jan. 21, 2020
Background
Jeriel Alexander brought this action without a lawyer and asked to proceed without prepaying the filing fee, a request commonly called an application to proceed in forma pauperis. In his initial application, Alexander stated that he was unemployed and had no resources, expenses, or debts, but he did not explain how he paid for his living expenses.
The court directed Alexander to submit an amended application. His November 27, 2019 amended application stated that he had earned $600 per month when he last worked in December 2018, but he answered the remaining questions with either “No” or “0.” The court then gave him one final opportunity, by order dated December 26, 2019, to explain how he supported himself and to establish that he could not pay the filing fee. His next application was virtually identical, except that he wrote, “None. No expense at moment.”
Ruling
The court dismissed the complaint without prejudice for failure to comply with its orders. The order stated that Alexander could continue the matter by paying the $400 filing fee within 30 days. If he did not pay within that period, the court stated that it would enter a civil judgment.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.