Cruz Molina v. Mr. Vu and Associates
- Laura Swain
- 1:25-cv-04369
- U.S. District Court · Southern District of New York
- 2
In Cruz Molina v. Mr. Vu and Associates, Judge Swain ordered payment of fees or an application to proceed without prepayment.
Plaintiff Serbando Cruz Molina must either pay the $405 required fees or submit a signed application to proceed without prepayment within 30 days. Otherwise, the action will be dismissed without prejudice to refiling.
What happened
Cruz Molina v. Mr. Vu and Associates was submitted to the Southern District of New York by email. The court ordered Plaintiff to pay the required fees or submit a signed application to proceed without paying them upfront.
Within 30 days, Plaintiff must pay $405 or submit a completed and signed application to proceed without prepayment of fees. The court will take no further action, and no summons will issue, until one of those steps occurs.
Judge Laura Taylor Swain stated that failure to comply, or to request more time, will result in dismissal without prejudice to refiling. She also denied permission to proceed without prepayment for any appeal from this order.
The detailed version
- Cruz Molina v. Mr. Vu and Associates · No. 1:25-cv-04369
- Laura Swain
- May 28, 2025
What the court ordered
The court directed Plaintiff to either pay the required fees or submit a signed application to proceed without prepayment of fees, commonly called an application to proceed without paying court fees upfront. The action was submitted by email and assigned the stated docket number.
Deadline and required steps
Within 30 days of the order, Plaintiff must either pay $405 or complete, sign, and submit the attached application. The opinion states that the $405 consists of a $350 filing fee and a $55 administrative fee, subject to possible updates to the fee schedule. It also 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 fees are paid or a completed and signed application is received. If the court grants the application, Plaintiff may proceed without prepaying the fees. If Plaintiff does not comply within the deadline or request an extension, the action will be dismissed without prejudice to refiling.
Appeal-related ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to proceed without prepayment of fees for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.