Epperson v. United States
- Laura Swain
- 1:23-cv-03087
- U.S. District Court · Southern District of New York
- 2
In Epperson v. United States, Judge Swain ordered Epperson to pay $402 or correct his application to proceed without prepaying fees.
Chris Jonathan Epperson, who must either pay the required fees or submit an amended application within 30 days to avoid dismissal of the action.
What happened
In Epperson v. United States, Chris Jonathan Epperson sued the United States and others without a lawyer. He submitted an application asking to proceed without prepaying court fees, but the application said he had no income, resources, assets, or expenses and did not explain how he paid his living expenses.
The court could not determine from that information whether Epperson was unable to pay the required $402 in filing and administrative fees. It therefore gave him 30 days to either pay the fees or submit a corrected application with facts supporting his inability to pay.
Judge Swain ordered that no summons issue for now. If Epperson does not comply within 30 days, the action will be dismissed. The court also denied fee-free status for any appeal from this order because it certified that an appeal would not be taken in good faith.
The detailed version
- Epperson v. United States · No. 1:23-cv-03087
- Laura Swain
- Apr. 17, 2023
Background
Chris Jonathan Epperson brought the action against the United States and others while representing himself. To begin a civil case in federal court, a plaintiff must either pay $402 in filing and administrative fees or submit a signed application requesting permission to proceed without prepaying those fees.
Epperson submitted such an application. He reported that he was unemployed and had no income, resources, assets, or expenses. The application did not explain how he paid his living expenses.
Court’s analysis
The court held that the information provided did not establish that Epperson was unable to pay the required fees. Because the application did not explain how he supported himself despite reporting no expenses or resources, the court could not determine whether he lacked sufficient funds.
Order
The court ordered Epperson, within 30 days of April 17, 2023, to either pay the $402 in fees or submit an amended application to proceed without prepaying fees. The amended application must include facts addressing the deficiencies identified by the court and must be labeled with docket number 23-CV-3087 (LTS). If the court grants the amended application, Epperson may proceed without prepaying the fees.
No summons shall issue at this time. If Epperson complies with the order, the Clerk’s Office will process the case under its procedures. If he does not comply within the permitted period, the action will be dismissed. Judge Laura Taylor Swain also certified that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.