Cuello v. Doe
- Laura Swain
- 1:25-cv-04516
- U.S. District Court · Southern District of New York
- 5
In Cuello v. Doe, Judge Swain ordered Michael Cuello to pay fees or submit forms to proceed without prepaying them.
Michael Cuello and the processing of his civil action; the order requires him to pay the fees or submit the specified forms before the case proceeds.
What happened
In Cuello v. Doe, Michael Cuello, who is incarcerated and proceeding without a lawyer, filed a civil action without paying the required fees or submitting a completed application to proceed without prepaying fees and a prisoner authorization.
The court gave Cuello 30 days to pay $405 or submit the required forms. No summons will issue yet, and the case will be processed if he complies; otherwise, the action will be dismissed. The court also denied permission to proceed without prepaying fees for any appeal from this order.
Judge Laura Taylor Swain issued the order on June 10, 2025. The order addresses filing requirements and does not decide the underlying claims.
The detailed version
- Cuello v. Doe · No. 1:25-cv-04516
- Laura Swain
- June 10, 2025
Background
Michael Cuello filed this civil action while incarcerated at Rikers Island – West Facility Annex and without a lawyer. He submitted the complaint without paying the required fees and without a completed application to proceed without prepaying fees or a prisoner authorization.
Fees and required filings
The court explained that a prisoner starting a civil action must either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or submit a signed application to proceed without prepaying fees and a prisoner authorization. If the court grants the application, the $350 filing fee must still be collected in installments from the prisoner's account. The authorization directs the facility to deduct those payments and provide certified account statements for the prior six months.
Order
Within 30 days of the order, Cuello must either pay the $405 in fees or submit the attached application and prisoner authorization, labeled with docket number 1:25-CV-4516 (LTS). No summons will issue at this time. If Cuello 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 certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The opinion does not decide the merits of Cuello's underlying claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.