Kang v. Chase

Background

Kai Kang brought this action pro se, meaning without a lawyer, and requested permission to proceed without prepaying the filing fees. The court explained that starting a civil action required either paying $400—the $350 filing fee plus the $50 administrative fee—or submitting an application for permission to proceed without prepayment under 28 U.S.C. §§ 1914 and 1915.

Kang submitted an application, but the court found that his answers did not establish that he could not afford the fees. The application stated that he had no sources of income, resources, expenses, or debts. In response to the question asking how he supported himself, Kang wrote only “Non-resident.” The court therefore could not determine whether he had sufficient funds to pay.

Order

The court ordered Kang, within 30 days of the order, to do one of two things: pay the $400 in fees or complete and submit the attached amended application. The amended application had to fully answer the questions, explain how he supported himself, and provide facts showing that he was unable to pay. It also had to identify docket number 1:20-CV-6656 (CM).

The court stated that if it granted the amended application, Kang could proceed without prepaying fees. If it found that he had funds to pay, it could require payment. No summons would issue at that time. If Kang complied, the Clerk’s Office would process the action under its procedures; if he failed to comply within the allowed time, the court would dismiss the action.

Appeal and Disposition

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. Judge Colleen McMahon issued the order directing payment of fees or submission of an amended application. The order addressed filing-fee requirements and did not decide the merits of Kang’s claims against Chase.