Onwuka v. Citbank, N.A.

Background

Afame W. Onwuka brought the action without a lawyer. To proceed in a civil case in the district court, he had to pay $400 in filing and administrative fees or submit a signed application to proceed without prepaying those fees. Onwuka submitted such an application.

The court found that the application did not establish that he was unable to pay. Onwuka reported wages of $700 per week, additional unspecified income from a business, profession, or self-employment, and approximately $115.03 in a bank account. He also reported owning property worth approximately $600,000,000, housing expenses of approximately $100,000,000, phone and exchange fees totaling $281.21 per month, and debt of approximately $100,000,000. The court considered the reported housing expenses implausible in light of the reported wages and therefore could not determine that Onwuka lacked sufficient funds to pay the fees.

Order

The court ordered Onwuka, within 30 days of the order, to do one of two things: pay the $400 in fees or submit an amended application to proceed without prepaying fees. The amended application had to use docket number 20-CV-6064 (CM), answer every question, and clearly state all income sources, property owned, and monthly expenses. The court stated that, if it granted the amended application, Onwuka could proceed without prepaying the fees.

The court directed the Clerk of Court to mail the order to Onwuka and note service on the docket. No summons was to issue at that time. The order stated that the case would be processed under the Clerk’s procedures if Onwuka complied and would be dismissed if he did not comply within the allowed time.

Appeal

Chief United States District Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.