No v. Bank of America

Background

Jeong-Suk No brought the action against Bank of America and proceeded without a lawyer. To continue a civil action in the court, a plaintiff must either pay $400 in fees—a $350 filing fee and a $50 administrative fee—or submit a signed application asking to proceed without paying the fees upfront.

No submitted such an application. He stated that he was unemployed but did not answer the questions about his income and financial situation. Because the application did not provide enough information about his income, expenses, or assets, the court could not determine that he lacked enough funds to pay the fees.

Order

The court ordered No, within 30 days of the order, to do one of two things: pay the $400 in fees or submit an amended application. The amended application must answer every question, identify all sources of income and monthly expenses, describe how No supports himself, and include docket number 19-CV-11284 (CM). If the court grants the amended application, No may proceed without paying the fees upfront.

The court stated that the action would be dismissed if No failed to comply within the allowed time. The order did not decide the underlying claims against Bank of America.

Appeal and disposition

Judge Colleen McMahon certified that an appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The order therefore directed payment of the fees or submission of an amended application; it did not itself dismiss the action.