Ibok v. Extended Stay America
- Cathy Seibel
- 7:20-cv-07468
- U.S. District Court · Southern District of New York
- 2
In Anthonia Ibok v. Extended Stay America, Judge McMahon ordered Ibok to pay $400 or submit an application to proceed without upfront fees.
Anthonia Ibok, whose case could be dismissed if she did not pay the required fees or submit the required application within 30 days; the defendants were not required to respond at this stage.
What happened
In Anthonia Ibok v. Extended Stay America, Anthonia Ibok filed the case without paying the required fees or submitting an application to proceed without paying them upfront. The opinion states that Ibok was representing herself.
The court gave Ibok 30 days to pay $400 or submit a signed application to proceed without prepayment of fees. The court directed that no summons issue at that time and said the case would be processed if Ibok complied.
Judge Colleen McMahon ordered the payment or application and stated that the case would be dismissed if Ibok did not comply. The court also denied fee-free status for any appeal from this order because it certified that an appeal would not be taken in good faith.
The detailed version
- Ibok v. Extended Stay America · No. 7:20-cv-07468
- Cathy Seibel
- Sept. 16, 2020
Background
Anthonia Ibok brought this civil action without a lawyer. The complaint was submitted without the required filing fees and without an application asking to proceed without paying fees in advance.
Order
The court explained that filing a civil action required either payment of $400—$350 for the filing fee and $50 for the administrative fee—or a signed application to proceed without prepayment of fees under 28 U.S.C. §§ 1914 and 1915. The court ordered Ibok, within 30 days of the order, to pay the $400 or submit the attached application labeled with docket number 20-CV-7468.
The court stated that, if it granted the application, Ibok could proceed without paying the fees in advance. No summons would issue at that time. If Ibok complied, the case would be processed under the Clerk’s Office procedures; if she did not comply within the allowed period, the action would be dismissed.
Appeal-related ruling
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. The court therefore denied fee-free status for an appeal from this order. The opinion does not decide the underlying claims against Extended Stay America or the other defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.