Dawkins v. Nike Media Relations
- Louis Stanton
- 1:21-cv-00657
- U.S. District Court · Southern District of New York
- 2
Dawkins v. Nike Media Relations: Judge McMahon ordered Dawkins to pay fees or submit an application to proceed without prepayment.
Jermaine Dawkins, who must either pay the required fees or submit an application to proceed without prepayment within 30 days, or the action will be dismissed.
What happened
In Dawkins v. Nike Media Relations, Jermaine Dawkins filed a civil action without a lawyer but did not pay the required fees or submit an application to proceed without prepayment.
The court gave Dawkins 30 days from January 27, 2021, to pay $400 or submit a signed application. No summons would issue at that time, and the case would be processed if he complied; otherwise, the action would be dismissed.
Judge Colleen McMahon directed the Clerk to mail the order and stated that any appeal could not proceed without prepayment because it would not be taken in good faith.
The detailed version
- Dawkins v. Nike Media Relations · No. 1:21-cv-00657
- Louis Stanton
- Jan. 27, 2021
Background
Jermaine Dawkins filed this civil action without a lawyer. The complaint was submitted without the $400 required to proceed in the case: a $350 filing fee and a $50 administrative fee. Dawkins also did not submit an application asking to proceed without paying the fees in advance.
Order
The court directed Dawkins, within 30 days of the order, to do one of two things: pay the $400 in fees or submit a signed application to proceed without prepayment. The application was to identify docket number 21-CV-657. If the court granted the application, Dawkins could proceed without paying the fees in advance.
The Clerk of Court was directed to mail the order to Dawkins and record 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 Dawkins complied, but that the action would be dismissed if he did not comply within the allowed time.
Ruling
Judge Colleen McMahon certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepayment of fees. The order did not decide the underlying claims against Nike Media Relations.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.