Pierre v. United States

Background

Katheline M. Pierre 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 filing and administrative fees or submit a signed application asking to proceed without paying those fees, commonly called an in forma pauperis application.

Pierre submitted that application, but the court found that her responses did not establish that she was unable to pay. The court described the information as incomplete, conflicting, and nonresponsive. The application stated that Pierre had employment income but also indicated that she was temporarily retired and receiving a pension. It also stated that she owned two cars valued at $60,000, owned real property and collected rent, and owned stocks and bonds. The application listed monthly expenses of $500,000, annual contributions of $40,000 for dependent children, and discretionary expenditures of $82,000. The court stated that these facts appeared to show that Pierre had enough money to pay the fees.

Order

The court ordered Pierre to do one of two things within 30 days of October 20, 2022: pay the $402 in fees or submit an amended application. Any amended application had to identify docket number 22-CV-8704 (LTS) and provide facts addressing the deficiencies identified by the court. No summons would issue at that time. The court stated that the action would be dismissed if Pierre failed to comply within the permitted time.

Appeal and effect

Chief Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without paying fees for an appeal. This order addressed the filing-fee application and did not decide the underlying claims in the action.