Brown v. President/Founder Alma Realty Corp.
- Laura Swain
- 1:22-cv-02648
- U.S. District Court · Southern District of New York
- 2
In Brown v. President/Founder Alma Realty Corp., Chief Judge Swain ordered payment of fees or an amended application to proceed without prepayment.
Damonte Brown, who was required to pay the $402 in fees or submit an amended application showing that he could not pay; the case could be dismissed if he did neither.
What happened
In Brown v. President/Founder Alma Realty Corp., Damonte Brown filed the action without a lawyer and asked to proceed without paying court fees in advance. The court explained that filing and administrative fees totaled $402.
The court found that Brown’s application did not provide enough information to show that he could not pay. It gave him 30 days to either pay the $402 or submit a completed and signed amended application with the missing financial information. No summons would issue at that time.
Chief Judge Swain ordered that the case would be processed if Brown complied, but would be dismissed if he did not. The court also denied permission to proceed without paying fees for any appeal from this order.
The detailed version
- Brown v. President/Founder Alma Realty Corp. · No. 1:22-cv-02648
- Laura Swain
- Apr. 5, 2022
Background
Damonte Brown brought this action without a lawyer. To proceed without paying court fees in advance, he submitted an application for that status, commonly called an IFP application. The court stated that the required fees were $402: a $350 filing fee and a $52 administrative fee.
Application deficiencies
The court determined that Brown’s application did not establish that he was unable to pay. Although he stated that he was employed, he did not provide his monthly wages and also stated that his last employment date was December 11, 2019. He stated that he received no government benefits, had less than $100 in cash or a bank account, and owned no property. The court also noted that he did not provide information about any financial obligations. In response to some financial questions, he wrote “privacy observances.”
Order
The court ordered Brown, within 30 days of the order, to do one of two things: pay the $402 in fees, or complete, sign, and submit an amended IFP application addressing the missing information. If the court grants the amended application, Brown may proceed without paying the fees in advance.
No summons would issue at that time. The court stated that the action would be processed through the Clerk’s Office if Brown complied with the order and would be dismissed if he failed to comply within the allowed time. Judge Laura Taylor Swain also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.