Abreu v. NYCHealth & Hospitals Elmhurst
- Laura Swain
- 1:25-cv-00589
- U.S. District Court · Southern District of New York
- 1
Abreu v. NYC HEALTH & HOSPITALS: Judge Swain dismissed the complaint without prejudice because Abreu neither paid filing fees nor submitted an IFP application.
YXEY ABREU's complaint was dismissed without prejudice because he did not submit the required fee-waiver application or pay the filing fee. The court also denied fee-waiver status for any appeal.
What happened
In Abreu v. NYC HEALTH & HOSPITALS, the court ordered Plaintiff to either submit an application to proceed without paying filing fees or pay the required $405 filing fee within 30 days.
Plaintiff did neither. Plaintiff instead sent a letter saying he had tried to use bonds as payment, but the court accepts only legal tender.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment. She also denied Plaintiff permission to proceed without paying fees on appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Abreu v. NYCHealth & Hospitals Elmhurst · No. 1:25-cv-00589
- Laura Swain
- Feb. 24, 2025
Background
By an order dated January 22, 2025, the court directed Plaintiff to submit a completed application to proceed without paying filing fees or to pay the $405 required to file a civil action. The court warned that failing to comply would result in dismissal.
Plaintiff did not submit the application or pay the filing fee. A footnote states that Plaintiff sent a letter saying he had attempted to use bonds as payment, but the court accepts only legal tender.
Ruling
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. The court directed the Clerk of Court to enter judgment.
Classification
This is a procedural order because the court dismissed the case for failure to satisfy the filing-fee or fee-waiver requirement without addressing the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.