Herrera v. Gonzalez
- Laura Swain
- 1:25-cv-05432
- U.S. District Court · Southern District of New York
- 4
In Herrera v. Gonzalez, Judge Swain ordered payment or an application to proceed without upfront fees within 30 days.
Jeffrey Enrique Herrera must either pay $405 or submit a signed application to proceed without prepaying fees within 30 days. If he does not comply, the action will be dismissed; no summons will issue at this time.
What happened
In Herrera v. Gonzalez, Jeffrey Enrique Herrera filed a civil action without paying the required fees or submitting an application to proceed without paying them upfront.
The court ordered Herrera to pay $405 or submit a signed application within 30 days. No summons will be issued at this time, and the action will be dismissed if he does not comply.
Judge Laura Taylor Swain also found that an appeal would not be taken in good faith and denied upfront-fee status for any appeal from this order.
The detailed version
- Herrera v. Gonzalez · No. 1:25-cv-05432
- Laura Swain
- July 18, 2025
Background
Jeffrey Enrique Herrera filed this civil action without paying the required fees and without submitting an application to proceed without prepaying fees. The order identifies the defendants as Honorable Judge Malave Gonzalez and others. Herrera is proceeding without a lawyer.
Order
The court explained that filing a civil action requires either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or a signed application asking to proceed without prepaying the fees. Within 30 days of the order, Herrera must do one of those two things. If the court grants the application, he may proceed without paying the fees upfront.
No summons will issue at this time. If Herrera complies, the Clerk’s Office will process the case under its procedures. If he does not comply within the allowed period, the action will be dismissed.
Appeal and disposition
Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. This order directs Herrera to pay the filing fees or submit the required application; it does not address the underlying claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.