Johnson v. Silva

Background

Todd Johnson brought the action without a lawyer. To begin a civil case in federal court, a plaintiff must either pay $402 in filing and administrative fees or submit a signed application to proceed without prepaying those fees, commonly called an IFP application.

Johnson submitted an IFP application, but the court found that it did not fully answer questions about his financial situation. He indicated that he was not currently unemployed without providing his last employment date or prior gross monthly wages. He also indicated that he received no income from listed sources without explaining how he paid his expenses, and he did not detail his housing, transportation, utilities, or other monthly expenses.

Court’s Action

Because the application did not provide enough information about Johnson’s income and expenses, the court said it could not determine whether he had enough money to pay the fees. The court therefore directed Johnson, within 30 days, to do one of two things: pay the $402 in fees or submit an amended IFP application.

The amended application must address the identified deficiencies, describe Johnson’s current financial situation, provide facts showing that he cannot pay the fees, and include docket number 21-CV-5671 (LTS). If the court grants the amended application, Johnson may proceed without paying the fees in advance. The Clerk of Court was directed to mail Johnson a copy of the order and record service on the docket. No summons was to issue at that time. If Johnson does not comply within the permitted period, the action will be dismissed.

Appeal and Disposition

Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. This order did not decide the merits of Johnson’s claims against the defendants.