Shi v. Delta Realty Group, LLC
- Laura Swain
- 1:23-cv-05349
- U.S. District Court · Southern District of New York
- 2
In Shi v. Delta Realty Group, Judge Swain ordered payment or an amended fee-waiver application and denied fee-free appeal status.
Shuang Long Shi and the continuation of his action; the order required him to pay the filing fees or submit a sufficient amended application to proceed without prepayment.
What happened
In Shi v. Delta Realty Group, Shuang Long Shi filed the action without a lawyer and asked to proceed without paying filing fees. The court said his application did not show that he could not afford the fees because his bank statements appeared to show substantial assets, although it was unclear whether he could access them.
The court gave Shi 30 days to pay $402 or submit an amended application explaining his finances, including whether all of his assets had been restrained. The court said the action would be dismissed without prejudice if he did not comply.
Judge Laura Taylor Swain also denied permission to appeal without paying fees, certifying that an appeal would not be taken in good faith. The order did not decide the underlying claims.
The detailed version
- Shi v. Delta Realty Group, LLC · No. 1:23-cv-05349
- Laura Swain
- June 23, 2023
Background
Shuang Long Shi brought this action pro se, meaning without a lawyer. He submitted an application to proceed without prepaying court fees. The court explained that filing the civil action required either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or a signed application requesting permission to proceed without prepayment.
Court’s Analysis
The court found that Shi’s application did not establish that he was unable to pay. Shi stated that he was retired and received income from the Social Security Administration. He also stated that he had no expenses and that his money had been taken or held by a defendant. The bank statements attached to his complaint appeared to reflect substantial assets. The court noted that the underlying claim involved execution of an allegedly improper state-court judgment for an amount that appeared to be much less than those assets. The court therefore said it was unclear whether Shi could not afford the fees or instead could not access his assets. The court also noted that Shi indicated on the application that he was incarcerated, which did not appear consistent with the address he provided.
Order
The court ordered Shi, within 30 days of the order, to either pay the $402 in fees or submit an amended application to proceed without prepayment. The amended application had to use docket number 23-CV-5349 (LTS) and provide facts addressing the deficiencies identified by the court, including whether all of Shi’s assets had been restrained. If the court granted the amended application, Shi would be allowed to proceed without prepaying fees. If he failed to comply within the allowed time, the action would be dismissed without prejudice.
Judge Laura Taylor Swain also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not rule on the merits of Shi’s underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.