Kaambo v. The Office of the United Nations Secretary-General
- Laura Swain
- 1:22-cv-09447
- U.S. District Court · Southern District of New York
- 2
Kaambo v. Office of the United Nations Secretary-General: Judge Swain ordered payment or an amended fee-waiver application within 30 days.
Jeremia Kuhepa Kaambo, who filed the action without a lawyer and must either pay the fees or submit an amended fee-waiver application.
What happened
In Kaambo v. The Office of the United Nations Secretary-General, Jeremia Kuhepa Kaambo filed the action without a lawyer and asked to proceed without paying filing fees. His application did not fully explain his income, assets, benefits, or how he paid his expenses.
The court did not rule on whether Kaambo could proceed without paying fees. It ordered him, within 30 days, either to pay $402 or submit an amended application answering all questions about his current financial situation. No summons would issue yet, and the action would be dismissed if he did not comply.
Judge Laura Taylor Swain also denied fee-waiver status for any appeal, certifying that an appeal would not be taken in good faith. The order did not decide the underlying claims against the Office of the United Nations Secretary-General.
The detailed version
- Kaambo v. The Office of the United Nations Secretary-General · No. 1:22-cv-09447
- Laura Swain
- Nov. 10, 2022
Background
Jeremia Kuhepa Kaambo brought the action without a lawyer. To begin a civil action in the court, a plaintiff must either pay $402 in filing and administrative fees or submit a signed application to proceed without prepaying fees, commonly called an in forma pauperis or IFP application.
Kaambo submitted an IFP application, but the court found that it did not fully answer questions about his financial situation. He stated that he had been unemployed since December 28, 2021, and reported gross monthly wages of “$15-70” when employed. He stated that he had received rent payments, interest, or dividends during the prior 12 months but did not identify the source, amount received, or expected amount. He also did not answer whether he had received gifts, inheritances, or public benefits. Although he reported having zero in the bank, he answered “No” to questions about various assets and expenses.
Order
Because the application did not sufficiently explain Kaambo’s sources of income or how he paid his expenses, the court stated that it could not determine whether he had enough money to pay the filing fees. Within 30 days of the order, Kaambo was required either to pay $402 or submit an amended IFP application. The amended application had to answer all questions as they related to his current financial situation and provide facts showing that he could not pay the fees.
If the court granted the amended IFP application, Kaambo would be allowed to proceed without prepaying the fees. No summons would issue at that time. If Kaambo complied, the case would be processed under the Clerk’s Office procedures; if he did not comply within the allowed time, the action would be dismissed.
Appeal and Effect
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. This order addressed the fee application and did not decide the merits of Kaambo’s claims against the Office of the United Nations Secretary-General.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.