Russ v. Nike, Inc.

Background

Jamaal Russ submitted this civil action against Nike, Inc. to the U.S. District Court for the Southern District of New York by email. The court assigned the action docket number 25-CV-5447.

Fee or fee-waiver requirement

Under 28 U.S.C. §§ 1914 and 1915, a plaintiff must either pay the required fees or submit a signed application for permission to proceed without prepaying them, commonly called an in forma pauperis or “IFP” application. The court stated that the required amount was $405, consisting of a $350 filing fee and a $55 administrative fee, subject to possible updates to the fee schedule.

The court gave Russ 30 days from the date of the order to either pay the fees or complete, sign, and submit the attached IFP application. The order provided instructions for paying by mail or in person. It also stated that if Russ had already submitted proper payment, the case would proceed after the payment was processed.

Effect of the order

Until the fees were paid or a completed and signed IFP application was received, the court said it would take no further action. No summons would issue, and Nike would not be required to answer. If Russ complied, the Clerk’s Office would process the case under its procedures. If the court granted the IFP application, Russ would be allowed to proceed without prepaying fees.

If Russ failed to comply within the allotted time and did not request an extension, the action would be dismissed without prejudice to refiling. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and therefore denied IFP status for an appeal.

Ruling

Judge Laura Taylor Swain ordered Russ to pay the $405 fee or submit a completed and signed IFP application within 30 days. The order did not decide the underlying claims against Nike.