Dawes v. New York City Housing Authority

Background

Durven Carl Dawes brought this civil action without a lawyer. To proceed, he had to either pay $400 in filing and administrative fees or submit an application to proceed without prepaying fees, commonly called an IFP application.

Dawes submitted an IFP application, but the court found that it did not answer all relevant questions and did not provide enough information to establish that he could not pay the fees. The court identified several deficiencies: Dawes stated that he was unemployed but did not provide his last employment date or former gross monthly wages; he indicated that he received rent, interest, or dividend income and public benefits but did not identify the sources or amounts; he appeared to state that he owned artwork worth $1 million; and he said his son and daughter depended on him financially without listing monthly living expenses or other debts and obligations.

Order

The court ordered Dawes, within 30 days of February 21, 2020, either to pay the $400 in fees or submit an amended IFP application. The amended application had to use docket number 20-CV-1417 (CM), answer every question, and provide facts showing that he could not pay the fees. If the court granted the amended application, Dawes could proceed without prepaying fees.

The court directed the Clerk of Court to mail the order to Dawes and record service on the docket. No summons would issue at that time. The court stated that it would process the case if Dawes complied and would dismiss the action if he 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.