Green v. NBC Universal Media LLC

Background

Courtney Green brought this action without a lawyer. She submitted an “Application to Appeal In Forma Pauperis,” which the court treated as a request to proceed without paying the filing fees in advance. The court explained that proceeding this way requires a signed application showing that the person cannot afford the fees.

Green reported average monthly employment income of $4,000 during the previous 12 months. However, the court said she largely failed to answer questions about her income sources, employment history, assets, dependents, and expenses. The court also reviewed information from earlier related proceedings. According to the opinion, Green had reported different employment and unemployment-benefit information in earlier fee-waiver applications. Because she did not provide enough information about her current income and how she paid her expenses, the court could not determine whether she had enough money to pay the fees.

Order

The court did not rule on whether Green ultimately qualifies to proceed without paying the fees. Instead, it ordered her to do one of two things within 30 days of the order: pay $402, consisting of a $350 filing fee and a $52 administrative fee, or submit an amended fee-waiver application.

The amended application must identify docket number 22-CV-0239 (LTS) and provide facts showing that Green cannot pay the filing fees. If the court grants that amended application, Green may proceed without paying the fees in advance. No summons will issue at this time. If Green does not comply within the allowed period, the action will be dismissed.

Other Rulings and Effect

Judge Laura Taylor Swain certified that an appeal from this order would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The order concerns filing-fee requirements and does not decide the underlying claims against NBC Universal Media LLC.