Porter v. Chase Bank

Background

Marcell Dominique Porter brought the action without a lawyer and submitted an application to proceed without prepaying court fees. The court explained that a civil plaintiff must either pay $402—comprising a $350 filing fee and a $52 administrative fee—or submit a signed application requesting permission to proceed without prepayment.

Porter’s application stated that he was employed and paid his expenses through “trumpet performance/ music composition massage therapy,” but it did not state his wages or other income. The application also stated that he owned no property, had no monthly housing, transportation, or utility expenses, had no dependents, and owed $6,000 to Citibank and Bank of America.

Court’s Analysis

The court found that Porter had not supplied enough information about his wages and expenses. Because of that deficiency, the court said it could not determine whether he had enough money to pay the filing fees and could not rule on his application at that time.

Order and Effect

The court ordered Porter, within 30 days of the order, either to pay the $402 in fees or submit an amended application. The amended application must use docket number 23-CV-2436 (LTS) and provide facts establishing that Porter cannot pay the fees. If the court grants the amended application, Porter may proceed without prepaying the fees.

No summons would issue at that time. The court stated that, if Porter complied, the case would be processed under the Clerk’s Office procedures; if he failed to comply within the allowed time, the action would be dismissed. Judge Laura Taylor Swain also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.

Classification

This is a procedural order concerning the application to proceed without prepaying fees. It did not decide the underlying claims against Chase Bank or the other defendants.