McPherson v. State of New York

Background

EJ McPHERSON brought the action without a lawyer. To proceed in the Southern District of New York, a plaintiff must pay $402 in fees—$350 for filing and $52 in administrative fees—or submit a signed application to proceed without prepaying fees, commonly called an IFP application.

McPHERSON submitted an IFP application. According to the order, he reported that he was unemployed and had no sources of income, resources, or expenses, and that he owed more than $300,000 in child-support payments. The application did not explain how he paid his living expenses.

Court’s Analysis

The court concluded that the application did not establish that McPHERSON was unable to pay the filing fees. Because the court could not determine from the application whether he had enough funds to pay, it directed him to provide additional information rather than allowing him to proceed without prepaying fees at that point.

Ruling and Effect

The court ordered McPHERSON, within 30 days of February 9, 2023, either to pay the $402 in fees or submit an amended IFP application. The amended application had to identify docket number 22-CV-10800 (LTS) and provide facts addressing how he pays his living expenses and otherwise establishing that he cannot pay the fees. If the court grants the amended application, he may proceed without prepaying fees.

No summons would issue at that time. The court stated that the case would be processed through the Clerk’s Office if McPHERSON complied, but that the action would be dismissed if he did not comply within the allowed period. Chief United States District Judge Laura Taylor Swain also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the underlying claims.