Owopety v. Unum Life Insurance Company of America
- Paul Engelmayer
- 1:24-cv-06126
- U.S. District Court · Southern District of New York
- 4
In Folasade O. Owopetu v. Unum Life Insurance Company of America, Judge Swain ordered payment of fees or an IFP application within 30 days.
Folasade O. Owopetu must either pay the required $405 in fees or submit a signed application to proceed without prepaying fees within 30 days. Unum Life Insurance Company of America is affected because the case will not proceed to summons issuance unless Owopetu complies.
What happened
In Folasade O. Owopetu v. Unum Life Insurance Company of America, the plaintiff filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court gave the plaintiff 30 days to pay $405 in fees or submit a signed application to proceed without prepaying fees. No summons will issue yet, and the case will be processed if the plaintiff complies. If the plaintiff does not comply on time, the action will be dismissed.
Judge Swain also ruled that an appeal from this order would not be taken in good faith and denied fee-free status for an appeal. The order did not decide the underlying claims.
The detailed version
- Owopety v. Unum Life Insurance Company of America · No. 1:24-cv-06126
- Paul Engelmayer
- Aug. 21, 2024
Background
Folasade O. Owopetu filed this civil action without paying the required filing and administrative fees and without submitting an application to proceed without prepaying fees. The court explained that a civil action requires payment of $405, consisting of a $350 filing fee and a $55 administrative fee, unless the court authorizes the plaintiff to proceed without prepaying fees.
Court’s Order
The court ordered Owopetu, within 30 days of the order, either to pay the $405 in fees or to submit the attached application to proceed without prepaying fees. The application must identify docket number 24-CV-6126 (LTS). If the court grants the application, Owopetu may proceed without prepaying fees.
No summons will issue at this time. If Owopetu complies, the case will be processed under the Clerk’s Office procedures. If Owopetu does not comply within the allowed time, the action will be dismissed.
Appeal and Scope of Ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and denied fee-free status for purposes of an appeal. The order addressed filing fees and the application to proceed without prepaying fees; it did not decide the merits of the underlying claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.