Guzman v. Trump

Background

Mario Marcial Guzman brought this action without a lawyer. To proceed in the Southern District of New York, he had to pay $400 in court fees— a $350 filing fee and a $50 administrative fee—or submit a signed application requesting permission to proceed without paying those fees upfront.

Guzman submitted such an application, but the court found it largely blank. He did not answer questions about whether he was employed or identify his assets or expenses. He indicated that he received income from a business, profession, or other self-employment, but did not state the amount.

Court’s Order

The court stated that the incomplete financial information prevented it from determining whether Guzman lacked enough money to pay the fees. It therefore ordered him, within 30 days of the order, either to pay the $400 or submit an amended application. The amended application had to use docket number 20-CV-7501 (CM) and provide facts showing that he could not pay the filing fees.

The court explained that, if it granted the amended application, Guzman could proceed without paying the fees upfront. No summons would issue at that time. If Guzman complied, the case would be processed under the Clerk’s Office procedures; if he failed to comply within the allowed time, the action would be dismissed.

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 permission to appeal without paying fees. The order did not address the merits of Guzman’s underlying claims against the defendants.