Foreman v. Bragg

Background

Charles J. Foreman filed this action without a lawyer. On August 11, 2023, the court directed him to either pay the $402 filing fee required to start a civil action in that court or submit an application to proceed without paying the fee upfront. On August 22, 2023, the court received Foreman’s application.

Reason for the Order

The court found that Foreman’s application was incomplete and therefore did not establish that he could not pay the filing fee. Foreman stated that he was not employed but did not provide his last employment date or his gross monthly wages at that time. He also stated that he had no other income but did not explain how he paid his living expenses or provide information about his expenses, property, dependents, or debts.

Because the application did not contain enough information about Foreman’s income and expenses, the court said it could not rule on the application to proceed without prepaying fees.

Ruling and Consequences

The court directed Foreman, within 30 days of the order, to either pay the $402 filing fee or submit an amended application. The amended application must use docket number 23-CV-7066 (LTS) and provide facts addressing the deficiencies identified by the court. If the court grants the amended application, Foreman will be allowed to proceed without prepaying the filing fee.

The court stated that the action will be dismissed if Foreman does not pay the fee or submit an amended application within the permitted time. The court 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 decide the underlying claims against Alvin L. Bragg.