Bradford v. Leichstein
- Laura Swain
- 1:21-cv-00771
- U.S. District Court · Southern District of New York
- 2
In Bradford v. Leichstein, Judge McMahon ordered Richard S. Bradford to pay $402 or file an amended fee-waiver application within 30 days.
Richard S. Bradford, who must either pay the fees or submit a complete amended application within 30 days; the action will be dismissed if he does not comply.
What happened
In Bradford v. Leichstein, Richard S. Bradford brought the action without a lawyer and asked to proceed without paying fees upfront. His application did not provide enough information to show that he could not afford the fees.
The court ordered Bradford, within 30 days, either to pay $402 or submit a complete amended application answering all questions and describing his income, expenses, and ability to support himself. No summons will issue yet, and the action will be dismissed if he does not comply.
Judge McMahon also denied fee-waiver status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Bradford v. Leichstein · No. 1:21-cv-00771
- Laura Swain
- Feb. 22, 2021
Background
Richard S. Bradford brought the action without a lawyer. He submitted an application labeled an application to appeal without paying fees upfront, which the court treated as a request to proceed without prepaying fees in this case.
A person seeking this status must provide a signed application showing an inability to pay the filing and administrative fees. Bradford stated that he was unemployed and had approximately $7,000 in bank accounts, but he largely did not answer questions about his income sources, employment history, assets, dependents, and expenses. The court therefore could not determine that he lacked enough funds to pay the fees.
Order
The court ordered Bradford, within 30 days of the order, to do one of two things: pay $402 in fees, consisting of a $350 filing fee and a $52 administrative fee, or submit an amended application to proceed without prepaying fees. The amended application must use docket number 21-CV-0771 (CM), answer every question, identify all income sources and monthly expenses, and explain how Bradford supports himself.
If the court grants the amended application, Bradford may proceed without prepaying fees. The Clerk of Court was directed to mail the order to Bradford and record service on the docket. No summons will issue at this time. If Bradford does not comply within the allowed time, the action will be dismissed.
Appeal and disposition
The court certified that any appeal from the order would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The opinion does not decide the underlying claims against the defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.