Chaplin v. Freedom Mortgage Corporation
- Laura Swain
- 1:24-cv-01845
- U.S. District Court · Southern District of New York
- 4
In Chaplin v. Freedom Mortgage Corporation, Judge Swain ordered Chaplin to pay fees or submit an amended application to proceed without prepayment.
Charlene Jannise Chaplin must either pay the $405 in fees or submit an amended application to proceed without prepaying them within 30 days. The case may be dismissed if she does not comply.
What happened
In Chaplin v. Freedom Mortgage Corporation, Charlene Jannise Chaplin asked to proceed without paying the filing and administrative fees upfront. She submitted an application, but it did not provide enough information for the court to decide whether she could afford the fees.
The court gave Chaplin 30 days to either pay $405 or submit an amended application with answers to the relevant financial questions and facts showing that she cannot pay. No summons will issue at this time, and the action will be dismissed if she does not comply within the allowed time.
Judge Laura Taylor Swain also stated that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
The detailed version
- Chaplin v. Freedom Mortgage Corporation · No. 1:24-cv-01845
- Laura Swain
- Apr. 2, 2024
Background
Charlene Jannise Chaplin brought this action without a lawyer. To begin a civil action in the U.S. District Court for the Southern District of New York, a plaintiff must either pay $405 in filing and administrative fees or request permission to proceed without prepaying those fees. That request is commonly called an application to proceed in forma pauperis, or an IFP application.
Chaplin submitted an IFP application. She stated that she was unemployed and had no income, but she did not provide her last employment date or her gross monthly wages at that time. She also did not explain how she was paying her monthly expenses without income. In addition, she answered “No” or “N/A” to questions concerning cash or bank-account funds, property, monthly expenses, dependents, and debts or other financial obligations.
Court’s Analysis
The court found that Chaplin’s information was insufficient to determine whether she was unable to pay the filing fees. In particular, the court could not conclude, without more information, how she was paying her living expenses while reporting no source of income.
Order
The court ordered Chaplin, within 30 days of the order, to either pay $405 in fees or submit an amended IFP application. The amended application must answer all relevant questions, include facts establishing that she cannot pay the filing fees, and identify docket number 24-CV-1845 (LTS). If the court grants the amended application, Chaplin may proceed without prepaying the fees.
No summons will issue at this time. If Chaplin complies with the order, the case will be processed under the Clerk’s Office procedures. If she does not comply within the allowed time, the action will be dismissed. The court also certified that an appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.