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S.D.N.Y.Procedural orderFiled Mar. 7, 2023

Gilliam v. NFL

Judge
Laura Swain
Docket
1:23-cv-01846
Court
U.S. District Court · Southern District of New York
Pages
4
Civil ProcedurePro Se
In one sentence

In Gilliam v. NFL, Judge Swain ordered pro se plaintiff Derrick D. Gilliam to pay fees or submit an application to proceed without prepayment.

Who this affects

Derrick D. Gilliam must either pay the required fees or submit an IFP application within 30 days; the case will not proceed to summons issuance unless he complies.

What happened

Derrick D. Gilliam filed Gilliam v. NFL without paying the required fees or submitting an application to proceed without prepaying them. The order does not describe the claims in his complaint.

The court gave Gilliam 30 days to pay $402 in filing and administrative fees or submit a signed application explaining why he cannot pay. No summons will issue at this time. If he does not comply, the action will be dismissed.

Judge Laura Taylor Swain also ruled that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order does not decide the underlying dispute.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Gilliam v. NFL · No. 1:23-cv-01846
Judge
Laura Swain
Date
Mar. 7, 2023

Background

Derrick D. Gilliam filed this action without a lawyer against the NFL and Roger Goodell. He submitted a complaint but did not pay the required fees or submit an application to proceed without prepaying fees, commonly called an IFP application.

Order

The court ordered Gilliam, within 30 days of the order, to do one of two things: pay $402 in fees, consisting of a $350 filing fee and a $52 administrative fee, or submit a signed IFP application. If the court grants the application, Gilliam may proceed without paying the fees in advance.

No summons will issue at this time. If Gilliam complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the 30-day period, the action will be dismissed.

Appeal and disposition

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. Judge Laura Taylor Swain’s order addresses filing requirements and does not decide the merits of Gilliam’s claims.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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