Abreu v. NYCHealth & Hospitals Elmhurst
- Laura Swain
- 1:25-cv-00589
- U.S. District Court · Southern District of New York
- 2
In Abreu v. NYCHealth & Hospitals Elmhurst, Judge Swain ordered payment or an IFP application within 30 days, or dismissal.
YXEY ABREU, who filed the action without a lawyer and must either pay the required fees or submit an IFP application within 30 days to avoid dismissal under the order.
What happened
In Abreu v. NYCHealth & Hospitals Elmhurst, YXEY ABREU filed a civil action without a lawyer but did not pay the required fees or submit an application to proceed without paying them in advance.
The court ordered YXEY ABREU, within 30 days, either to pay $405 in filing and administrative fees or submit a signed application to proceed without prepaying fees. No summons will issue at this time. If the requirements are not met within the deadline, the action will be dismissed.
Judge Laura Taylor Swain also certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not address the merits of the claims.
The detailed version
- Abreu v. NYCHealth & Hospitals Elmhurst · No. 1:25-cv-00589
- Laura Swain
- Jan. 22, 2025
Background
YXEY ABREU brought this civil action against NYC HEALTH & HOSPITALS ELMHURST and other defendants. The opinion states that YXEY ABREU is proceeding without a lawyer. The complaint was submitted without payment of the required fees and without an application to proceed without prepaying fees.
The Court’s Order
The court explained that starting a civil action requires payment of $405: a $350 filing fee and a $55 administrative fee. Alternatively, a plaintiff may request authorization to proceed in forma pauperis (IFP), meaning without prepaying the fees, by submitting a signed application.
The court ordered YXEY ABREU to do one of two things within 30 days of the order: pay the $405 in fees or submit the attached IFP application. If an IFP application is submitted, it must identify docket number 25-CV-0589 (LTS). The court stated that, if it grants the application, YXEY ABREU may proceed without prepaying the fees.
Effect of the Order
No summons will issue at this time. If YXEY ABREU complies with the order, the case will be processed under the Clerk’s Office procedures. If YXEY ABREU does not comply within the allowed time, the action will be dismissed. The court also certified that an appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal. The opinion does not decide the merits of the claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.