Finnegan v. CVS

Background

Sean Matthew Finnegan brought the action without a lawyer. To proceed with a civil action in the Southern District of New York, 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 prepaying fees.

Finnegan submitted an application to proceed without prepaying fees, but the court found that it was incomplete. He did not answer the question asking for his employer’s name and address if he was employed. Although he reported zero gross monthly wages and zero take-home pay, he did not answer several other questions about his financial situation. He also answered a question about debts or financial obligations with the word “Medical.”

Court’s Analysis

The court held that Finnegan had not provided enough information about his income or how he paid his expenses. Because of those omissions, the court could not determine whether he had sufficient funds to pay the filing fees and therefore could not rule on his application.

Order

The court ordered Finnegan to do one of two things within 30 days of the order: pay the $402 in fees or submit an amended application. The amended application had to answer all questions as they applied to his current financial situation and provide facts showing that he could not pay the fees. If the court granted the amended application, Finnegan would be allowed to proceed without prepaying fees.

No summons would issue at that time. The case would be processed under the Clerk’s Office procedures if Finnegan complied. If he did not comply within the allowed time, the action would be dismissed. The court also certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The Clerk of Court was directed to mail the order to Finnegan and record service on the docket.