Perez Perez v. New York State Department of Transporation
- Ronnie Abrams
- 1:25-cv-03178
- U.S. District Court · Southern District of New York
- 2
In Perez Perez v. New York State Department of Transportation, Judge Swain ordered payment or a fee-waiver application within 30 days, or dismissal would follow.
Victor Manuel Perez Perez, who filed the action without a lawyer, must either pay the required fees or submit an application to proceed without prepaying them. The action could be dismissed if he does not comply within 30 days; the defendants were not required to respond at this stage.
What happened
In Perez Perez v. New York State Department of Transportation, Victor Manuel Perez Perez filed a civil action without paying the required fees or submitting an application to proceed without prepaying them. The case is pending in the Southern District of New York.
The court ordered Perez Perez, who is representing himself, to pay $405 or submit a signed application to proceed without prepaying fees within 30 days. No summons would issue at that time. If he did not comply, the action would be dismissed.
Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied fee-waiver status for an appeal. The order did not decide the underlying claims.
The detailed version
- Perez Perez v. New York State Department of Transporation · No. 1:25-cv-03178
- Ronnie Abrams
- Apr. 17, 2025
Background
Victor Manuel Perez Perez brought this civil action without a lawyer. He submitted the complaint without paying the required fees and without submitting an application to proceed without prepaying fees.
Order
The court explained that starting a civil action required either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or a signed application to proceed without prepaying fees. The court gave Perez Perez 30 days from the date of the order to pay the fees or submit the application. If he submitted the application, it was to identify docket number 25-CV-3178 (LTS). The court stated that, if it granted the application, Perez Perez could proceed without prepaying the fees.
No summons would issue at that time. The court stated that the case would be processed through the Clerk’s Office if Perez Perez complied, and that the action would be dismissed if he did not comply within the permitted time. The order did not resolve the merits of the claims against the defendants.
Appeal and Disposition
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 and denied permission to proceed without prepaying fees for an appeal. The order directed Perez Perez to pay the fees or submit the application; it did not itself dismiss the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.