Otero v. New York City of Housing Preservation and Development
- Edgardo Ramos
- 1:24-cv-08600
- U.S. District Court · Southern District of New York
- 2
In Otero v. New York City of Housing Preservation and Development, Chief Judge Swain ordered payment or an application to proceed without prepaying fees within 30 days and denied that status for an appeal.
Jorge Otero and the pending action. Otero must either pay the required fees or submit the specified application within 30 days; no summons will issue at this time.
What happened
Jorge Otero filed this case without a lawyer but did not submit the required filing fees or an application to proceed without prepaying fees.
The court ordered Otero, within 30 days, either to pay $405 in fees or submit a signed application asking to proceed without prepaying fees. No summons will issue at this time, and the court said the action will be dismissed if he does not comply.
Chief Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
The detailed version
- Otero v. New York City of Housing Preservation and Development · No. 1:24-cv-08600
- Edgardo Ramos
- Nov. 19, 2024
Background
Jorge Otero filed the action without a lawyer. The complaint was submitted without the required filing fees and without an application to proceed in forma pauperis, meaning without prepaying court fees.
Order
The court stated that a civil action requires either payment of $405—the $350 filing fee plus the $55 administrative fee—or a signed application requesting permission to proceed without prepaying fees. The court gave Otero 30 days from the date of the order to make one of those submissions. If he submits the application, it must identify docket number 24-CV-8600 (LTS). The court stated that, if the application is granted, Otero may proceed without prepaying fees.
No summons will issue at this time. If Otero complies with the order, the Clerk’s Office will process the case under its procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal-related ruling
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith. It therefore denied permission to proceed without prepaying fees for purposes of an appeal.
Effect of the order
This order addresses the payment of filing fees and the request to proceed without prepaying them. It does not state a ruling on the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.