Manning v. City of New York
- Lorna Schofield
- 1:23-cv-02352
- U.S. District Court · Southern District of New York
- 4
In Manning v. City of New York, Judge Swain ordered payment of fees or an amended application to proceed without prepayment.
James Manning, who must either pay the filing fees or submit an amended application showing that he cannot pay them.
What happened
In Manning v. City of New York, James Manning, representing himself, asked to proceed without paying court fees upfront. The court found that his application did not yet show he could not afford the fees.
The court gave Manning 30 days to either pay $402 or submit an amended application explaining his debts and inability to pay. No summons would issue yet, and the court warned that failing to comply could lead to dismissal.
Judge Swain also denied permission to appeal without paying fees, certifying that any appeal would not be taken in good faith.
The detailed version
- Manning v. City of New York · No. 1:23-cv-02352
- Lorna Schofield
- Mar. 23, 2023
Background
James Manning brought this action without a lawyer and submitted an application to proceed without prepaying court fees. The court explained that a civil-action filing requires $402 in fees: a $350 filing fee and a $52 administrative fee, unless the court authorizes proceeding without prepayment.
Manning's application stated that he was employed and earned about $4,000 per month in wages. It also stated that he received $1,100 per month from a pension and $1,700 per month in Social Security benefits. He reported having $180 in the bank and owning a car worth approximately $5,000. He reported no housing, transportation, utility, or other regular monthly expenses and no dependents. He identified credit-card debts but did not state how much he owed.
Court's action
The court found that the information provided suggested Manning had enough income to pay the filing fees. Because he had not provided the amounts of his debts, however, the court allowed him to submit additional information for consideration.
Within 30 days of the order, Manning must either pay the $402 in fees or submit an amended application to proceed without prepayment. The amended application must use docket number 23-CV-2352 (LTS) and provide facts showing that he cannot pay the fees. If the court grants the amended application, Manning may proceed without prepaying fees. No summons will issue at this time. If Manning does not comply within the permitted time, the court stated that it will dismiss the action.
The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Laura Taylor Swain signed the order as Chief United States District Judge.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.