Obotette v. National Football League

Background

Plaintiff Ubong Bassey Obotette (Obong) brought the action without a lawyer. To proceed with a civil action, he had to pay $400 in filing and administrative fees or request authorization to proceed without prepaying those fees by submitting a signed application for payment-free status, called an IFP application.

The plaintiff submitted an IFP application stating that he was unemployed and had received no income from any source during the previous 12 months. He also stated that he had no money in checking or savings accounts, no assets, no monthly expenses, and no debts or financial obligations. He did not answer the application’s question asking how he paid his expenses.

Order

The court concluded that the application did not establish that the plaintiff was unable to pay the filing fees because it did not explain how he supported himself. The court therefore ordered him, within 30 days of the order, either to pay the $400 in fees or submit an amended IFP application addressing that deficiency and providing facts establishing that he could not pay.

If the court granted the amended IFP application, the plaintiff would be allowed to proceed without prepaying the fees. The Clerk was directed to mail the order to the plaintiff and note service on the docket. No summons was to issue at that time. The court stated that it would process the case if the plaintiff complied and would dismiss the action if he did not comply within the allowed time.

Appeal and Effect

Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied payment-free status for purposes of an appeal. This order addressed filing fees and the plaintiff’s application to proceed without prepayment; it did not reach the merits of the underlying action.