Finnegan v. J.P. Morgan Chase
- Laura Swain
- 1:21-cv-10954
- U.S. District Court · Southern District of New York
- 2
In Finnegan v. J.P. Morgan Chase, Judge Swain ordered payment of fees or a completed fee-waiver application within 30 days.
Sean Matthew Finnegan, who must either pay the required fees or submit a completed amended fee-waiver application within 30 days to avoid dismissal of the action.
What happened
In Finnegan v. J.P. Morgan Chase, Sean Matthew Finnegan filed the case without a lawyer and asked to proceed without paying the filing fees. His application did not fully answer questions about his finances, including income, employment, and expenses.
The court ordered Finnegan to pay $402 or submit a completed application within 30 days. The amended application must answer every question about his current financial situation and explain why he cannot pay. The court said no summons would issue at that time and warned that the case would be dismissed if he did not comply.
Judge Laura Taylor Swain did not decide whether Finnegan could proceed without paying the fees. She also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Finnegan v. J.P. Morgan Chase · No. 1:21-cv-10954
- Laura Swain
- Dec. 21, 2021
Background
Sean Matthew Finnegan brought the action without a lawyer. To begin a civil case in the Southern District of New York, a plaintiff must pay $402 in filing and administrative fees or request permission to proceed without paying those fees in advance. That request is called an application to proceed in forma pauperis, or IFP.
Finnegan submitted an IFP application, but the court found that it did not provide enough information to evaluate his financial situation. He left unanswered questions about his employer, income-related information, and other financial matters. Although he reported zero gross monthly wages, zero take-home pay, and zero cash or account balances, he did not explain enough about his sources of income or how he paid his expenses.
Order
The court ordered Finnegan, within 30 days of the order, to either pay $402 in fees or submit an amended IFP application. The amended application must answer all questions as they relate to his current financial situation and provide facts showing that he cannot pay the filing fees. It must also include docket number 21-CV-10954 (LTS).
The court stated that if it grants the amended IFP application, Finnegan may proceed without paying the fees in advance. No summons would issue at that time, and the case would be processed under the Clerk’s Office procedures if Finnegan complied. If he failed to comply within the permitted time, the action would be dismissed.
Other ruling and effect
The court did not grant or deny Finnegan’s underlying IFP application because it could not make a ruling based on the incomplete information. It certified that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The Clerk of Court was directed to mail the order to Finnegan and record service on the docket.
Judge Laura Taylor Swain signed the order. The opinion does not decide the merits of Finnegan’s claims against J.P. Morgan Chase Bank.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.