Wood v. VIACOMCBS/PARAMOUNT

Background

Chadd Wood brought the action without a lawyer. To begin a civil case in the Southern District of New York, a plaintiff must either pay $402 in fees or submit a signed application to proceed in forma pauperis (IFP), meaning without paying the fees in advance. Wood submitted an IFP application.

The Court’s Analysis

The court said Wood’s application did not fully answer questions about his current financial situation. Wood indicated that his employment-related answers suggested no employment, reported gross monthly wages and take-home pay of $0.00, reported no income from the listed sources during the previous 12 months, and stated that he had no money in the bank. He did not answer one question about his finances. He listed monthly expenses totaling $4,050, along with $5,000 in credit-card debt and $10,000 in loans, but did not identify to whom the debts were payable.

Because Wood did not provide enough information about his income and how he pays his expenses, the court could not determine whether he had enough money to pay the filing fees. The court therefore did not make a ruling on his IFP application at this stage.

Order

Judge Laura Taylor Swain ordered Wood to do one of two things within 30 days of the order: pay the $402 in fees or submit an amended IFP application. The amended application must answer all questions about his current financial situation, address the deficiencies identified by the court, and use docket number 22-CV-6323 (LTS). If the court grants the amended application, Wood may proceed without prepaying the fees.

No summons will issue at this time. If Wood complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed. The court also certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.