Grazette v. Rockefeller
- Edgardo Ramos
- 1:20-cv-00965
- U.S. District Court · Southern District of New York
- 2
In Grazette v. Rockefeller, Judge McMahon ordered a $400 payment or amended fee-waiver application within 30 days before the case could proceed.
David I. Grazette was required either to pay $400 or submit an amended fee-waiver application within 30 days; failure to comply would result in dismissal of the action. The order did not decide the claims against the defendants.
What happened
In Grazette v. Rockefeller, David I. Grazette, representing himself, submitted an application to proceed without paying court fees. He reported no income and $14.56 in a bank account, but did not answer questions about his living expenses, dependents, debts, or other financial obligations.
The court said this information was insufficient to determine whether Grazette could pay the required $400 in filing and administrative fees. It ordered him, within 30 days, either to pay the fees or submit an amended application explaining how he supports himself and why he cannot pay. No summons would issue at that time.
Chief Judge Colleen McMahon ordered that the case would be processed if Grazette complied and would be dismissed if he did not. She also denied fee-waiver status for any appeal from the order, finding that such an appeal would not be taken in good faith.
The detailed version
- Grazette v. Rockefeller · No. 1:20-cv-00965
- Edgardo Ramos
- Feb. 6, 2020
Background
David I. Grazette brought this action without a lawyer against Rockefeller; the City of New York Police Department; RCPI Landmark Properties, LLC; and New York Presbyterian Cornell Hospital. To proceed with a federal civil action, a plaintiff must either pay the required fees or submit a signed application to proceed without prepaying them, commonly called an application to proceed in forma pauperis.
Grazette submitted such an application. He stated that he was unemployed, received “$0” from a profession, had no other source of income, and had $14.56 in a bank account. But he did not answer the application’s questions about his monthly expenses, dependents, debts, or other financial obligations.
Court’s Analysis
The court concluded that Grazette’s responses did not establish that he was unable to pay the fees. In particular, the court could not determine how he paid his living expenses because he provided no information addressing that issue.
Order and Effect
Chief Judge Colleen McMahon ordered Grazette, within 30 days of February 6, 2020, to do one of two things: pay $400 in filing and administrative fees, or submit an amended fee-waiver application labeled with docket number 20-CV-0965 (CM). The amended application had to answer every question on the form and provide facts explaining how he supported himself and why he could not pay. If the court granted the amended application, Grazette would be allowed to proceed without prepaying the fees.
The Clerk of Court was directed to send Grazette the order and record service on the docket. No summons would issue at that time. If Grazette complied, the Clerk’s Office would process the case; if he failed to comply within the permitted time, the court stated that it would dismiss the action.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-waiver status for purposes of an appeal. This order addressed filing-fee requirements and did not decide the underlying claims against the defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.