Richards v. Williams
- Laura Swain
- 1:23-cv-02355
- U.S. District Court · Southern District of New York
- 2
In Richards v. Williams, Judge Swain ordered Richards to pay $402 or file an amended fee-waiver application within 30 days.
Vancara Cory Richards, whose request to proceed without prepaying fees was not approved at this stage and who must either pay the fees or submit an amended application; the underlying defendants are not substantively affected by this order.
What happened
In Richards v. Williams, Vancara Cory Richards filed a lawsuit without a lawyer and asked to proceed without paying filing fees. The court found that his application did not provide enough information about his finances.
The court ordered Richards, within 30 days, either to pay $402 in filing and administrative fees or submit an amended application explaining why he cannot pay. No summons will issue yet, and the opinion does not address the underlying claims.
Judge Laura Taylor Swain stated that failing to comply would result in dismissal of the action and denied permission to proceed without fees on any appeal from this order.
The detailed version
- Richards v. Williams · No. 1:23-cv-02355
- Laura Swain
- Mar. 29, 2023
Background
Vancara Cory Richards brought the action without a lawyer and submitted an application to proceed without prepaying court fees. This type of application is commonly called an application to proceed in forma pauperis, or IFP. The court stated that a civil action requires payment of $402: a $350 filing fee and a $52 administrative fee, unless the court authorizes IFP status.
Reason for the Order
The court found that Richards's application did not establish that he was unable to pay. Although he reported being unemployed, he did not provide his last employment date or his gross monthly wages at that time. He also identified other income without explaining its sources or amount, and left unanswered questions about how he paid living expenses, his assets, expenses, debts, and other financial obligations.
Order and Effect
The court ordered Richards, within 30 days of March 29, 2023, to either pay the $402 in fees or submit an amended IFP application. The amended application must use docket number 23-CV-2355 (LTS) and provide facts establishing that he cannot pay. If the court grants the amended application, Richards may proceed without prepaying fees.
No summons will issue at this time. The case will be processed under the Clerk's Office procedures if Richards complies; if he does not comply within the allowed time, the action will be dismissed. The court also certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The order does not decide the underlying claims against the defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.