Greathouse v. NYS Department of Corrections and Community Supevision
- Laura Swain
- 1:23-cv-06192
- U.S. District Court · Southern District of New York
- 4
In Greathouse v. NYS Department of Corrections, Judge Swain ordered payment or an amended fee-free application within 30 days.
Leon Greathouse Jr. must either pay $402 in fees or submit an amended application explaining why he cannot pay, or the action will be dismissed as stated in the order. The order also denies fee-free status for an appeal.
What happened
In Greathouse v. NYS Department of Corrections and Community Supevision, Leon Greathouse Jr. filed the action without a lawyer and asked to proceed without paying the filing fees upfront. He reported being unemployed, receiving a $355,000 settlement payment during the past year, having $2,000 in a checking account, and having no monthly expenses, dependents, or debts.
The court said this information did not show that Greathouse could not afford the $402 in filing and administrative fees. It ordered him, within 30 days, either to pay the fees or submit an amended application explaining why he could not pay despite the settlement payment. The court also said no summons would issue at that time and that the action would be dismissed if he did not comply.
Judge Laura Taylor Swain, the Chief United States District Judge, certified that an appeal would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Greathouse v. NYS Department of Corrections and Community Supevision · No. 1:23-cv-06192
- Laura Swain
- July 21, 2023
Background
Leon Greathouse Jr. brought the action without a lawyer. To proceed in the United States District Court for the Southern District of New York, he had to pay $402 in filing and administrative fees or submit a signed application to proceed without prepaying those fees.
Greathouse submitted an application to proceed without prepaying fees. The application stated that he was unemployed but had received a $355,000 settlement payment during the previous 12 months. It also stated that he had $2,000 in a checking account and no monthly expenses, dependents, debts, or other financial obligations.
Court’s Ruling
The court concluded that the information in the application did not establish that Greathouse was unable to pay the fees. The court therefore ordered him, within 30 days of the order, either to pay the $402 in fees or submit an amended application. Any amended application had to explain why he could not pay despite receiving the $355,000 settlement payment.
The court stated that, if it granted the amended application, Greathouse could proceed without prepaying the fees. No summons would issue at that time. The court also stated that the action would be dismissed if Greathouse did not comply within the permitted period.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.