Montero v. City of New York
- Laura Swain
- 1:25-cv-02482
- U.S. District Court · Southern District of New York
- 2
In Montero v. City of New York, Judge Swain ordered payment or an IFP application before the case could proceed.
Antony Montero and the pending civil action against the City of New York and the other named defendants. The case cannot proceed unless Montero pays the required fees or submits an application to proceed without prepayment.
What happened
In Montero v. City of New York, Antony Montero submitted a civil action to the Southern District of New York. The court said he must either pay $405 in fees or request permission to proceed without paying upfront.
Montero has 30 days to pay or submit a completed and signed application. Until then, the court will take no further action, and no summons or answer will be required.
Judge Laura Taylor Swain ordered that failure to comply, or to request more time, will result in dismissal without prejudice to refiling. She also ruled that any appeal would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Montero v. City of New York · No. 1:25-cv-02482
- Laura Swain
- Apr. 3, 2025
What the order does
This is an administrative filing-fee order, not a decision on the claims in the lawsuit. The court explained that a civil-action plaintiff must either pay the required fees or submit a signed application to proceed without paying the fees in advance. The order lists the total fee as $405, consisting of a $350 filing fee and a $55 administrative fee, subject to any fee-schedule updates.
Deadline and required action
Within 30 days after the order, Antony Montero must either pay the fees or submit a completed and signed application to proceed without prepayment. The order gives instructions for paying by mail or in person. No further action will be taken, no summons will issue, and no answer will be required until the payment or application is received. If the court grants the application, Montero may proceed without paying the fees in advance.
Result
If Montero does not comply or request an extension within the allowed time, the action will be dismissed without prejudice to refiling. The court also certified that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order does not decide the underlying claims against the City of New York or any other defendant.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.