Banks v. New York City Financial Information Service Agency
- Laura Swain
- 1:21-cv-03198
- U.S. District Court · Southern District of New York
- 2
In Banks v. New York City Financial Information Services Agency, Judge Swain ordered Jason M. Banks to pay $402 or submit a complete application to proceed without upfront fees.
Jason M. Banks, who was required to pay the filing fees or submit a complete amended application to proceed without paying them upfront.
What happened
In Banks v. New York City Financial Information Services Agency, Jason M. Banks sued and asked to proceed without paying the court’s fees upfront. He filed the request without a lawyer.
The court found that Banks had not fully or clearly answered questions about his finances, including his car payments, debts, monthly debt payments, and support for his mother. The court therefore lacked enough information to decide whether he could pay the fees.
Judge Swain ordered Banks, within 30 days, either to pay $402 or submit a completed and signed application to proceed without upfront fees. The court stated that it would dismiss the action if he did not comply and denied fee-free status for an appeal from this order.
The detailed version
- Banks v. New York City Financial Information Service Agency · No. 1:21-cv-03198
- Laura Swain
- May 21, 2021
Background
Jason M. Banks brought this civil action without a lawyer and requested permission to proceed without paying court fees upfront, a request commonly called an application to proceed in forma pauperis (IFP). The court explained that filing a civil action required either payment of $402 in filing and administrative fees or submission of an IFP application.
Financial information
Banks submitted an IFP application, but the court found that it was incomplete and unclear. The application stated that Banks was employed and earned $5,800 per month, did not receive government benefits, and had $60 in a bank account. It also stated that he leased a car without giving the monthly lease amount; had federal-loan, credit-card, and other debt without stating the amounts or monthly payments; and financially supported his mother without stating the amount of that support.
Ruling
Because Banks had not fully answered questions about his financial status, the court said it could not determine whether he was able to pay the fees. Judge Laura Taylor Swain ordered Banks, within 30 days of the order, either to pay $402 or complete, sign, and submit the attached amended IFP application with clear answers to all questions. The application was to identify docket number 1:21-CV-3198 (LTS). The court stated that it could require payment if the amended application showed that Banks had funds to pay. It directed the Clerk of Court to mail the order to Banks and record service on the docket. The court further stated that the action would be processed if Banks complied and 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 IFP status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.