Antonio v. Neighborhood Restore
- Louis Stanton
- 1:19-cv-11084
- U.S. District Court · Southern District of New York
- 2
In Kallijach Antonio v. Neighborhood Restore, Judge McMahon required payment or a corrected fee-waiver application.
Kallijach Antonio, whose request to proceed without paying fees upfront was found insufficient and who was required to pay the fees or submit an amended application within 30 days.
What happened
Kallijach Antonio v. Neighborhood Restore Housing Development Fund Corporation is a lawsuit brought without a lawyer. Antonio asked to proceed without paying the court fees upfront, but the application did not provide enough information about her income, expenses, or assets.
The court gave Antonio 30 days to either pay $400 in fees or submit a corrected application. The corrected application must answer every question, list all income and monthly expenses, and explain how she supports herself and her dependents. The court said the action will be dismissed if she does not comply.
Judge Colleen McMahon issued the order. She also stated that any appeal would not be taken in good faith and denied fee-waiver status for an appeal.
The detailed version
- Antonio v. Neighborhood Restore · No. 1:19-cv-11084
- Louis Stanton
- Jan. 24, 2020
Background
Kallijach Antonio brought the action without a lawyer. To proceed with a civil case, a plaintiff must either pay $400 in fees or submit a signed application asking to proceed without paying the fees upfront. Antonio submitted such an application.
Issue
The court found that Antonio’s application did not establish that she could not afford the fees. Although she stated that she was not employed, she did not answer questions about her income and financial situation. The application also did not provide enough information about her income, expenses, or assets.
Order
The court ordered Antonio, within 30 days, to do one of two things: pay the $400 in fees or submit an amended application. The amended application must use docket number 19-CV-11084 (CM), answer every question, identify all sources of income and monthly expenses, and describe how Antonio supports herself and her dependents. If the court grants the amended application, Antonio may proceed without paying the fees upfront. If she does not comply within the allowed time, the action will be dismissed.
Judge Colleen McMahon also certified that any appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for an appeal. The order did not decide the merits of Antonio’s underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.