Bui v. United States of America, The
- Susan Nelson
- 0:21-cv-01156
- U.S. District Court · District of Minnesota
- 2
In Bui v. United States, Judge Nelson denied Michael John Bui’s request to appeal without paying fees because the appeal would be frivolous.
Michael John Bui, whose application to proceed without paying fees on appeal was denied.
What happened
In Bui v. United States of America, The, Michael John Bui asked to appeal without paying the required fees.
The court said Bui qualified financially, but his appeal was not taken in good faith because his pleading failed to state a claim and did not clearly identify the dispute or claims.
Judge Susan Richard Nelson denied Bui’s application to proceed without paying fees on appeal, concluding that an appeal from the action’s dismissal would be frivolous.
The detailed version
- Bui v. United States of America, The · No. 0:21-cv-01156
- Susan Nelson
- May 21, 2021
Background
Michael John Bui applied to proceed without paying fees on appeal. The court stated that Bui qualified financially for that status.
Court’s Analysis
Under the cited rules, a court must deny an application to proceed without paying fees when the proposed appeal was not taken in good faith. The court determines good faith by considering whether the issues on appeal are factually or legally frivolous. An appeal is frivolous when it lacks an arguable basis in law or fact.
The court concluded that any appeal from the dismissal of Bui’s action would be frivolous. It stated that Bui’s pleading failed to state a claim for which relief could be granted and provided scarcely any indication of what Bui believed was disputed. The allegations were also inadequate to notify the defendants or the court of the claims being raised.
Ruling
Judge Susan Richard Nelson denied Bui’s application to proceed without paying fees on appeal. The order decided the fee-status application and did not decide the merits of any appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.