Pacheco v. United States

Background

Rodolfo Pacheco filed this civil action representing himself. To proceed in the Southern District of New York, he had to either pay $400 in fees—a $350 filing fee and a $50 administrative fee—or submit a signed application asking to proceed without paying those fees upfront.

The Court’s Analysis

Pacheco submitted an application to proceed without prepaying fees. The application stated that he had no income, resources, expenses, or debts. The court found that these answers did not explain how he pays for his living expenses. As a result, the court could not determine that he lacked sufficient funds to pay the fees.

Ruling and Next Steps

The court ordered Pacheco, within 30 days of the order, to either pay the $400 in fees or submit an amended application. The amended application must explain how he supports himself and provide facts establishing that he cannot pay the fees. If the court grants the amended application, he may proceed without prepaying the fees.

The court directed the Clerk of Court to mail Pacheco a copy of the order and record service on the docket. No summons was to issue at that time. The court stated that the case would be processed under the Clerk’s procedures if Pacheco complied, and that the action 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 permission to proceed without prepaying fees for an appeal.