Ngiendo v. Public Storage, Inc.

Background

Quinn Ngiendo sued Public Storage, Inc., over a lease for one of Public Storage’s storage units, the company’s later termination of the lease, and her eventual eviction from the unit. Ngiendo represented herself and had previously been allowed to proceed without paying the court’s filing fees.

Public Storage moved to dismiss the complaint. It argued, among other things, that claim preclusion—also called res judicata—barred Ngiendo’s claims because the parties had previously litigated the same events in Minnesota state court. The state cases were resolved on the merits in Public Storage’s favor. The court agreed, dismissed Ngiendo’s complaint with prejudice, and entered judgment. Ngiendo then filed a notice of appeal and asked to proceed without paying fees on appeal.

Issue

A person seeking to proceed without paying fees on appeal must file a motion in the district court and identify the issues intended for appeal. The court also may not allow that status if it certifies that the appeal is not taken in good faith. The court explained that good faith requires at least an appeal issue that is not factually or legally frivolous.

Court’s reasoning

Ngiendo’s notice of appeal stated only that she was appealing from the judgment. It did not identify any substantive issue or explain what part of the judgment she intended to challenge. The court therefore found the application procedurally deficient and could not determine whether the proposed appeal raised a non-frivolous issue. The court noted that Ngiendo would likely qualify financially, but financial eligibility alone did not resolve the application.

Disposition

Judge Laura M. Provinzino denied Ngiendo’s application to proceed without paying fees on appeal. The order did not decide the merits of any issue Ngiendo might raise on appeal.