Cantero v. Mid-Hudson Psychiatric Forensic Center

Background

Jose Luis Cantero brought this civil action without a lawyer. Federal law requires a civil plaintiff to pay a $400 filing and administrative fee or request permission to proceed without prepaying those fees by submitting a signed application. That permission is commonly called proceeding in forma pauperis, or IFP.

Cantero initially filed the complaint without paying the fees or submitting an IFP application. In a December 10, 2019 order, the court directed him to pay the fees or submit a completed and signed IFP application within 30 days. He filed an IFP application on January 8, 2020.

Court’s Analysis

The court found that Cantero’s IFP application did not provide enough information to establish that he could not pay the filing fees. He indicated that he received no income from the listed sources but did not explain how he paid his expenses. He also did not answer questions about his housing, transportation, utilities, or other monthly expenses. The court therefore said it was unclear whether he had enough funds to pay the fees.

Ruling

Judge Colleen McMahon ordered Cantero, within 30 days of the order, either to pay the $400 in fees or submit an amended IFP application. The amended application had to use docket number 19-CV-11167 (CM), answer every question, identify all sources of income and monthly expenses, and describe how he supported himself. The court stated that, if it granted the amended application, Cantero could proceed without prepaying the fees.

The court directed the Clerk of Court to mail the order to Cantero and record service on the docket. No summons was to issue at that time. The court stated that the action would be processed under the Clerk’s Office procedures if Cantero complied and would be dismissed if he did not comply within the allowed time. The court also certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.