Miranda v. York Hill Housing, Inc.
- Laura Swain
- 1:24-cv-09792
- U.S. District Court · Southern District of New York
- 2
In Miranda v. York Hill Housing, Judge Swain ordered payment or an application to proceed without fees within 30 days.
Evan Miranda and Evelyn Perez, who must pay the required fees or satisfy the court’s application requirements before the case can proceed; Perez faces dismissal of her claims if she does not comply within 30 days.
What happened
Miranda v. York Hill Housing, Inc. involves Evan Miranda and Evelyn Perez, who brought an action without lawyers and had not paid the required court fees. Miranda submitted a completed application to proceed without prepaying fees, but Perez had not submitted one.
The court gave the plaintiffs 30 days to pay $405 in filing and administrative fees, or for Perez to complete, sign, and submit the required application. The court said the case would be processed if Perez complied, but her claims would be dismissed if she did not.
Judge Laura Taylor Swain also ordered that no summons issue yet and certified that an appeal would not be taken in good faith, denying permission to proceed without prepaying fees for an appeal.
The detailed version
- Miranda v. York Hill Housing, Inc. · No. 1:24-cv-09792
- Laura Swain
- Jan. 8, 2025
Background
Evan Miranda and Evelyn Perez brought this action without lawyers. The opinion states that plaintiffs had not paid the $405 required to bring the case: a $350 filing fee and a $55 administrative fee. A person who cannot prepay those fees may request permission to proceed without prepayment by submitting a completed and signed application.
Miranda submitted a completed and signed application. Perez had not submitted one.
Order
The court ordered that, within 30 days of the order, the plaintiffs must either pay the $405 in fees or Perez must complete, sign, and submit the attached application, labeled with docket number 1:24-CV-9792 (LTS). If the court grants the applications, the plaintiffs may proceed without prepaying the fees.
No summons will issue at this time. If Perez complies, the case will be processed under the Clerk’s Office procedures. If she does not comply within the allowed time, her claims will be dismissed.
Appeal and classification
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without prepaying fees for an appeal. This order addresses filing-fee and case-processing requirements, not the merits of the claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.