Green v. ABC Entertainment Inc.

Background

Courtney Green brought this action without a lawyer and submitted an application asking to proceed without prepaying filing fees. The court explained that the fees were $402: a $350 filing fee and a $52 administrative fee.

Green’s application stated that she was last employed on April 17, 2021, with gross monthly income of $2,000. She reported no income from the listed sources, wrote that she paid expenses with “left over unemployment,” reported no money in the bank, no property of value, and no expenses. The court found that these answers did not fully explain her current sources of income or how she paid her expenses.

The court also referred to information from Green’s applications in several other federal cases filed in late December 2021 and January 2022. In those applications, she had reported different employment and unemployment-benefit information. The court used that information in explaining why it could not determine whether Green had enough money to pay the filing fees.

Order

The court directed Green, within 30 days of the order, to do one of two things: pay the $402 in fees or submit an amended application to proceed without prepayment of fees. The amended application had to be signed, labeled with docket number 22-CV-0376 (LTS), and provide facts addressing the deficiencies identified by the court. The court did not grant or deny the amended application because Green had not yet submitted it.

No summons would issue at that time. If Green complied with the order, the case would be processed under the Clerk’s Office procedures. If she failed to comply within the allowed time, the action would be dismissed.

Appeal and disposition

Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied Green permission to appeal without prepaying fees. The Clerk of Court was directed to mail Green a copy of the order and record service on the docket.