Christian v. Director Fordham Housing Management Jane/John Doe

Background

Bryan Christian brought this action while representing himself. To proceed in federal court, he had to either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or submit a signed application to proceed without paying the fees in advance. This type of application is called an application to proceed without prepayment of fees.

Christian submitted his complaint with a one-page handwritten statement saying that he did not own property, annuities, or insurance benefits and could not afford the filing fee. The court found that the statement did not establish that he was unable to pay.

Order

The court ordered Christian, within 30 days of the order, to either pay the $402 in fees or submit an amended application to proceed without prepayment of fees. The amended application must answer all questions on the court's two-page form and provide facts showing that Christian cannot pay the fees. If the court grants the amended application, Christian may proceed without paying the fees in advance.

No summons will issue at this time. The case will be processed under the Clerk's Office procedures if Christian complies. The court stated that the action will be dismissed if he does not comply within the allowed period. The court also certified that an appeal from this order would not be taken in good faith and denied fee-waiver status for purposes of an appeal. Judge Laura Taylor Swain signed the order.