Arroyo-Bey v. Ward
- Laura Swain
- 1:25-cv-03333
- U.S. District Court · Southern District of New York
- 4
In Arroyo-Bey v. Ward, Judge Swain required payment or an amended fee-waiver application addressing an undisclosed settlement.
Noel Arroyo-Bey must either pay the $405 filing and administrative fees or submit an amended fee-waiver application within 30 days. The case will be dismissed if he does not comply within the allowed time.
What happened
In Arroyo-Bey v. Ward, Noel Arroyo-Bey filed the action without a lawyer and asked to proceed without paying the court’s filing fees upfront. He reported receiving $297 per month in food stamps and having no cash, bank funds, or personal property.
The court noted that public documents showed Arroyo-Bey had entered a settlement agreement in December 2024, but his application did not report any income from that settlement. The court therefore ordered him, within 30 days, to either pay $405 in fees or submit an amended application explaining why he could not pay in light of the settlement.
Judge Laura Taylor Swain did not issue a summons at this time. She stated that the case would proceed through the Clerk’s Office if Arroyo-Bey complied, but that the action would be dismissed if he did not comply within the allowed time. The court also denied fee-waiver status for an appeal from this order.
The detailed version
- Arroyo-Bey v. Ward · No. 1:25-cv-03333
- Laura Swain
- Apr. 28, 2025
Background
Noel Arroyo-Bey brought this action without a lawyer against Thomas A. Ward and the City of New York. To proceed without paying court fees upfront, Arroyo-Bey submitted an application to proceed without prepaying fees, commonly called an IFP application. The application stated that his only source of income during the prior 12 months was $297 per month in food stamps. He also stated that he had no cash, money in a checking or savings account, or personal property; paid $300 per month in rent; and had $5,000 in credit-card debt.
Reason for the Order
The court stated that public documents filed in the court showed Arroyo-Bey had entered into a settlement agreement in December 2024. His IFP application did not mention any income received from that settlement. The court therefore found that the application needed additional information about whether he could pay the $405 in filing and administrative fees.
Order
The court directed Arroyo-Bey, within 30 days of the order, to either pay $405 in fees or submit an amended IFP application. The amended application must use docket number 25-CV-3333 (LTS) and provide facts showing that he cannot pay the fees in light of the December 2024 settlement agreement. If the court grants the amended application, he may proceed without prepaying fees.
The court ordered that no summons issue at that time. If Arroyo-Bey complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed period, 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 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.