Fuller v. Roar Money
- Laura Swain
- 1:22-cv-05284
- U.S. District Court · Southern District of New York
- 2
In Fuller v. Roar Money, Judge Swain ordered the pro se plaintiff to pay $402 or file an amended fee-waiver application within 30 days.
Stanley Fuller, who was required to pay the filing fees or submit a sufficient amended application to proceed without prepayment; the case against Roar Money could be dismissed if he failed to comply.
What happened
In Fuller v. Roar Money, Stanley Fuller, representing himself, asked to proceed without paying the filing fees. His application stated that he had no income, resources, expenses, or debts, but did not explain how he paid for living expenses.
The court ordered Fuller to either pay $402 or submit an amended application within 30 days. The amended application must explain how he supports himself and show that he cannot pay the fees. No summons would issue at that time, and the court said the action would be dismissed if he did not comply.
Judge Laura Taylor Swain also stated that any appeal from the order would not be taken in good faith and denied fee-waiver status for an appeal. The order did not decide the underlying claims against Roar Money.
The detailed version
- Fuller v. Roar Money · No. 1:22-cv-05284
- Laura Swain
- June 23, 2022
Background
Stanley Fuller brought this civil action without a lawyer. To proceed, he was required either to pay $402 in fees—a $350 filing fee and a $52 administrative fee—or submit a signed application to proceed without prepaying fees, commonly called an IFP application.
Fuller submitted an IFP application, but the court found that his responses did not establish that he was unable to pay. The application stated that he had no sources of income, resources, expenses, or debts. The court said it could not determine whether he had enough funds to pay because he did not explain how he paid his living expenses.
Order
The court ordered Fuller, within 30 days of June 23, 2022, to do one of two things: pay the $402 in fees or submit an amended IFP application. The amended application had to use docket number 22-CV-5284 (LTS) and provide facts explaining how Fuller supported himself and establishing that he could not pay the fees.
If the court granted the amended IFP application, Fuller would be allowed to proceed without prepaying the fees. No summons was to issue at that time. The court stated that, if Fuller did not comply within the allowed period, the action would be dismissed. This order did not rule on the underlying claims against Roar Money.
Appeal and disposition
Judge Laura Taylor Swain 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 directed payment of the fee or submission of an amended IFP application; it did not dismiss the action at that time.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.