Jones v. Henderson

Background

Denise Jones brought this action without a lawyer. To proceed in the Southern District of New York, she had to either pay $400 in fees—$350 for filing and $50 for administration—or submit a signed application to proceed without paying fees in advance, commonly called an IFP application.

Jones submitted an IFP application. The court found that her answers did not establish that she was unable to pay. She reported gross yearly wages of $69,000 and additional payments from a pension, annuity, or life insurance. She also reported having no money in the bank and owning no property, one dependent, no housing, transportation, or utility expenses, and approximately $14,000 in student-loan debt.

Order

The court ordered Jones to do one of two things within 30 days of the order: pay the $400 in fees or submit an amended IFP application. Any amended application had to use docket number 20-CV-10008 (CM) and provide facts addressing the deficiencies identified by the court. If the court granted the amended application, Jones would be allowed to proceed without paying the fees in advance.

The Clerk of Court was directed to mail the order to Jones 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 Office procedures if Jones complied, and that the action would be dismissed if she failed to comply within the permitted time. The court also certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not reach the merits of Jones’s claims.