Libretti v. Department of Sanitation

Background

Thomas Libretti brought this action without a lawyer. To proceed with a civil action, a plaintiff must either pay $402 in fees or submit a completed and signed application to proceed without prepaying fees. Libretti submitted such an application.

The court found that the application did not fully and clearly establish his current financial situation. Libretti stated that he was unemployed, but reported receiving more than $200 during the previous 12 months from a business, profession, or other self-employment. He also stated that his wife was employed and helped with basic needs and essentials. He answered “NA” to the question about money in a bank account, did not answer the question about other assets, and listed expenses and credit-card payments without giving their amounts.

Order

The court ordered Libretti, within 30 days of the order, either to pay the $402 in fees or complete, sign, and submit an amended application to proceed without prepayment of fees. The amended application had to address the identified deficiencies and provide facts showing that he could not pay the fees.

The order stated that, if the court granted the amended application, Libretti would be allowed to proceed without prepaying fees. No summons would issue at that time. If Libretti failed to comply within the allowed period, the action would be dismissed. The court did not rule on the underlying claims in the action.

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 permission to proceed without prepaying fees for an appeal. The order directed payment of fees or an amended application; it did not itself dismiss the action.