Baker v. Obama
- Laura Swain
- 1:22-cv-03125
- U.S. District Court · Southern District of New York
- 2
In Baker v. Obama, Judge Swain ordered pro se plaintiff Eric T. Baker to pay $402 or request permission to proceed without fees within 30 days.
Eric T. Baker, who must either pay the required fees or submit an IFP application for his action against Barack Hussein Obama and other defendants.
What happened
In Baker v. Obama, Eric T. Baker filed a civil action without a lawyer against Barack Hussein Obama and other defendants.
Baker did not submit the required fees or an application to proceed without paying them. The court ordered him, within 30 days, to either pay $402 or submit a completed and signed application. No summons will issue yet, and the action will be dismissed if he does not comply.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the underlying claims.
The detailed version
- Baker v. Obama · No. 1:22-cv-03125
- Laura Swain
- May 4, 2022
Background
Eric T. Baker filed this civil action without a lawyer against Barack Hussein Obama and other defendants. The complaint was submitted without either the required filing fees or an application to proceed without prepaying fees, called an IFP application.
Order
The court explained that bringing a civil action requires payment of $402: a $350 filing fee and a $52 administrative fee. Instead, Baker must, within 30 days of the order, either pay the $402 or complete, sign, and submit the attached IFP application. If the court grants that application, Baker may proceed without prepaying the fees.
The court directed that no summons issue at this time. It stated that, if Baker complies, the action will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal and effect
The court 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 appeal without prepaying fees. Judge Laura Taylor Swain’s order addressed filing requirements and did not decide the merits of Baker’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.