Perez Perez v. New York State DMV Driving Improvement Unit

Nature of the Order

This was an order about the filing fee and the plaintiff’s request to proceed without prepaying court fees. It did not decide the underlying claims.

Background

Victor Manuel Perez Perez brought the action pro se, meaning without a lawyer. He submitted a complaint but did not pay the required fees or provide an application to proceed in forma pauperis, meaning without prepayment of fees.

Court’s Order

The court stated that a civil action requires either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or a signed application to proceed without prepaying fees. Within 30 days of the order, Perez Perez had to pay the $405 or submit the attached application, labeled with docket number 25-CV-4370 (LTS). If the court granted the application, he would be allowed to proceed without prepaying fees.

No summons would issue at that time. If Perez Perez complied with the order, the Clerk’s Office would process the case under its procedures. If he failed to comply within the permitted time, the action would be dismissed.

Appeal-Related Ruling

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied in forma pauperis status for purposes of an appeal.

Disposition

The court directed Perez Perez to pay the fees or submit an application to proceed without prepaying them. The order did not resolve the merits of the lawsuit.