Finnegan v. Lemonade
- Laura Swain
- 1:21-cv-05719
- U.S. District Court · Southern District of New York
- 2
Finnegan v. Lemonade: Judge Swain ordered payment of fees or an amended fee-waiver application within 30 days.
Sean Matthew Finnegan, whose fee-waiver application was found insufficient and who was given 30 days to pay the fees or submit an amended application; the opinion does not address the underlying claims.
What happened
Finnegan v. Lemonade concerns Sean Matthew Finnegan’s attempt to bring a civil action without paying court fees upfront. He represented himself and submitted an application to proceed without prepaying those fees.
The court found that the application did not provide enough information to show that Finnegan could not pay. His answers identified $100 in a bank account, possible “other sources” of income, and general debts and expenses, but did not explain the amounts or details.
Judge Laura Taylor Swain ordered Finnegan to pay $402 or submit an amended application within 30 days. No summons was issued at that time, and the court stated that the action would be dismissed if he did not comply. The court also denied permission to appeal without prepaying fees.
The detailed version
- Finnegan v. Lemonade · No. 1:21-cv-05719
- Laura Swain
- July 2, 2021
Background
Sean Matthew Finnegan brought the action without a lawyer. To proceed in the federal court without paying filing fees in advance, he submitted an application for permission to proceed without prepayment of fees.
The court explained that the required fees totaled $402: a $350 filing fee and a $52 administrative fee. Finnegan’s application stated that he was not employed and had $100 in a bank account. It also referred to “other sources” of income but identified the source and amount as “US 1916.” His response about debts and financial obligations listed “Medical. Transportation. Housing.” without further explanation.
Court’s reasoning
The court concluded that Finnegan had not supplied enough information about his income, expenses, and assets for the court to determine that he lacked sufficient funds to pay the fees. The court therefore did not authorize proceeding without prepayment based on the application then before it.
Ruling and next steps
The court ordered Finnegan, within 30 days of the order, either to pay the $402 in fees or submit an amended application. The amended application had to identify docket number 21-CV-5719 (LTS) and provide facts addressing the missing financial information. If the court granted the amended application, Finnegan would be allowed to proceed without paying the fees in advance.
The Clerk of Court was directed to mail the order to Finnegan and record service on the docket. No summons was to issue at that time. The court stated that the action would be processed if Finnegan complied and would be dismissed if he did not comply within the allowed time. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
Judge Laura Taylor Swain signed the order as Chief United States District Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.