Urena v. The City of New York
- Laura Swain
- 1:25-cv-00514
- U.S. District Court · Southern District of New York
- 2
In Urena v. The City of New York, Judge Swain ordered Amaury Urena to correct his fee application or pay filing fees.
Amaury Urena and the further processing of his civil action; the order requires him to pay the filing fees or submit a complete amended application before the case proceeds.
What happened
In Urena v. The City of New York, Amaury Urena, who is incarcerated and representing himself, submitted an incomplete application asking to proceed without paying fees upfront.
The court gave Urena 30 days to either pay the $405 in fees or submit a complete amended application. The court noted that information about any settlement income during the previous 12 months must be included.
The court did not issue a summons and warned that failing to comply would result in dismissal. Judge Laura Taylor Swain also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Urena v. The City of New York · No. 1:25-cv-00514
- Laura Swain
- Jan. 21, 2025
Background
Amaury Urena, who is incarcerated at the George R. Vierno Center on Rikers Island, brought this action without a lawyer. He submitted an application to proceed without prepaying filing fees, commonly called an IFP application. The application was incomplete because he answered “N/A” to most questions, including a question about money in his inmate account.
Court’s Analysis and Order
The court explained that a prisoner bringing a civil action must either pay $405 in fees or submit a signed IFP application and a prisoner authorization. The $405 consists of a $350 filing fee and a $55 administrative fee, although the administrative fee does not apply to a person granted IFP status. If IFP status is granted, the $350 filing fee is collected in installments from the prisoner’s account.
The court directed Urena, within 30 days of the order, to either pay the $405 or complete and submit the attached amended IFP application. The amended application must identify docket number 25-CV-0514 (LTS). The court also stated that information about income from any source during the previous 12 months must be included, including any income from a settlement in a prior related proceeding that the court said appeared to have settled in October 2024.
Disposition
The court ordered an amended IFP application and stated that no summons would issue at that time. If Urena complies, the case will be processed under the Clerk’s Office’s procedures. If he does not comply within the allowed time, the action will be dismissed. The court also certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.