Hall v. NYC Water Board

Background

Anthony Winston Hall brought this action without a lawyer and submitted an application to proceed without paying the court’s filing fees. The court explained that starting a civil case requires either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or a signed application showing that the plaintiff cannot afford those fees.

Court’s Analysis

The court found that Hall’s application did not provide enough information to establish that he was unable to pay. Although Hall stated that he was unemployed and had no income, he did not provide his last employment date or former gross monthly wages, and he did not explain how he paid his monthly living expenses. Apart from stating that he had $100 in a bank account, he also left unanswered questions about cash and bank accounts, property, monthly expenses, dependents, debts, and other financial obligations.

Order

The court ordered Hall, within 30 days, to either pay the $405 in fees or submit an amended application. The amended application must use docket number 24-CV-02483 (LTS) and provide facts establishing that Hall cannot afford the fees. If the court grants the amended application, Hall may proceed without paying the fees in advance.

No summons would issue at that time. The court stated that the case would be processed through the Clerk’s Office if Hall complied, but that the action would be dismissed if he did not comply within the allowed time. The court also certified that any appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal.