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S.D.N.Y.Procedural orderFiled Sept. 13, 2022

Tcheumani v. JP Morgan Chase Bank

Judge
Laura Swain
Docket
1:22-cv-07812
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Tcheumani v. JP Morgan Chase Bank, Judge Swain ordered payment of filing fees or an amended fee-waiver application before the case proceeds.

Who this affects

Gerard C. Tcheumani, Jr. and the pending action, which cannot proceed unless he pays the required fees or submits an adequate amended IFP application.

What happened

Tcheumani v. JP Morgan Chase Bank is a civil case brought by Gerard C. Tcheumani, Jr., who is proceeding without a lawyer. He submitted an application to proceed without paying court fees.

The application stated that he had no income, resources, expenses, or debts, but it did not explain how he pays for living expenses. The court therefore could not determine that he was unable to pay the required fees.

Judge Laura Taylor Swain ordered Tcheumani, within 30 days, either to pay $402 in fees or submit an amended application explaining how he supports himself and why he cannot pay. No summons will issue yet, and the court said the action will be dismissed if he does not comply.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Tcheumani v. JP Morgan Chase Bank · No. 1:22-cv-07812
Judge
Laura Swain
Date
Sept. 13, 2022

Background

Gerard C. Tcheumani, Jr. brought this action pro se, meaning without a lawyer. To begin a civil action in the Southern District of New York, a plaintiff must either pay the required fees or ask to proceed without prepaying them. The total fees identified by the court were $402: a $350 filing fee and a $52 administrative fee.

Tcheumani submitted an application to proceed without prepaying fees, commonly called an IFP application. The application reported no sources of income, resources, expenses, or debts. The court found that the application did not explain how Tcheumani pays for his living expenses, so it could not determine that he lacks sufficient funds to pay the fees.

Order

The court ordered Tcheumani, within 30 days of the order, either to pay the $402 in fees or submit an amended IFP application. The amended application must be labeled with docket number 22-CV-7812 (LTS) and provide facts explaining how he supports himself and establishing that he cannot pay the fees.

The court did not decide the underlying claims against JP Morgan Chase Bank or the other defendants. No summons will issue at this time. If Tcheumani complies, the Clerk’s Office will process the case under its procedures; if he does not comply within the allowed time, the action will be dismissed. The court also certified that an appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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