Noel v. American Airlines, Airport Security

Background

Vermail V. Noel brought the action without a lawyer and submitted an application to proceed in forma pauperis (IFP), meaning without paying court fees in advance. The court explained that proceeding with a civil action ordinarily requires payment of a $350 filing fee and a $52 administrative fee, for a total of $402, or submission of a signed IFP application.

Deficiencies in the Application

The court found that Noel had not provided enough financial information to decide the IFP application. Although she stated that she was unemployed, she did not provide her last employment date or her gross monthly wages at that time. She also stated that she had no income but did not explain how she paid her expenses. She reported having no cash or money in checking or savings accounts and no housing, transportation, or other regular monthly expenses, but did not answer questions about property, other assets, debts, or other financial obligations.

Order

The court ordered Noel to do one of two things within 30 days of March 2, 2022: pay the $402 in fees or submit an amended IFP application. The amended application must use docket number 22-CV-1696 (LTS) and provide facts showing that she could not pay the fees. If the court later grants the amended application, Noel may proceed without paying the fees in advance.

No summons would issue at that time. The court stated that the case would be processed through the Clerk’s Office if Noel complied, and that the action would be dismissed if she did not comply within the allowed time. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The order did not reach the merits of Noel’s claims against American Airlines, Airport Security, or the other named defendant.