Delaney v. Republic National Committee
- Colleen McMahon
- 1:20-cv-01625
- U.S. District Court · Southern District of New York
- 6
In Delaney v. Republican National Committee, Judge McMahon ordered Delaney to pay fees or submit a corrected fee-waiver application.
Dennis W. Delaney, whose case could proceed only after he paid the required fees or submitted an adequate amended fee-waiver application.
What happened
Dennis W. Delaney, representing himself, sued the Republican National Committee and submitted an application to proceed without paying court fees upfront. His application reported no income, resources, expenses, or debts, but did not explain how he paid his living expenses.
The court ordered Delaney, within 30 days, to either pay $400 in fees or submit an amended application explaining how he supports himself and why he cannot pay. The court also vacated its March 9, 2020 order, and no summons will issue yet.
Judge Colleen McMahon directed the Clerk to add Delaney’s email address to the docket and provided a form for electronic service. The court said the action will be dismissed if Delaney does not comply and denied fee-waiver status for any appeal from this order.
The detailed version
- Delaney v. Republic National Committee · No. 1:20-cv-01625
- Colleen McMahon
- Mar. 12, 2020
Background
Dennis W. Delaney brought the action without a lawyer. To proceed with a civil case in federal court, he had to pay $400 in fees—$350 for filing and $50 for administration—or request permission to proceed without paying those fees upfront. That request is commonly called an application to proceed in forma pauperis, or an IFP application.
Delaney submitted an IFP application stating that he had no sources of income, resources, expenses, or debts. Because he did not explain how he paid for his living expenses, the court said it could not determine that he lacked enough funds to pay the fees.
Order
The court ordered Delaney, within 30 days of the order, to either pay the $400 in fees or submit an amended IFP application. The amended application must explain how he supports himself and establish that he cannot pay the filing fees. If the court grants the amended application, Delaney may proceed without paying the fees upfront.
The court vacated its March 9, 2020 order. Because Delaney had not provided a mailing address, the Clerk was directed to add the email address listed in the complaint to the docket. The court provided Delaney with a form to consent to electronic service; if he does not consent, he must provide a mailing address.
No summons was to issue at that time. The court stated that the case would be processed under the Clerk’s Office procedures if Delaney complied, and that the action would be dismissed if he did not comply within the permitted time. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for such an appeal.
Disposition and Significance
Judge Colleen McMahon did not decide the underlying claims against the Republican National Committee. The order addressed only the filing-fee and service requirements and directed Delaney to take one of the specified next steps.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.