Ortiz v. Commissioner of Social Security
- Laura Swain
- 1:25-cv-06051
- U.S. District Court · Southern District of New York
- 4
In Ortiz v. Commissioner of Social Security, Judge Swain ordered Ortiz to pay filing fees or submit an IFP application within 30 days.
Rosalyn Ortiz must either pay the $405.00 fee or submit a completed and signed application to proceed without prepaying fees within 30 days. If she does neither, the action will be dismissed without prejudice to refiling; the underlying Social Security claims were not decided.
What happened
In Ortiz v. Commissioner of Social Security, Rosalyn Ortiz submitted this action by email, and the court assigned it a docket number. The court said a civil action requires either payment of the required fees or a request to proceed without paying them in advance.
The court ordered Ortiz, within 30 days, to pay $405.00 or submit a completed and signed application to proceed without prepaying fees. No further action, summons, or answer would be required until one of those steps occurred.
Judge Laura Taylor Swain stated that failure to comply or request more time would result in dismissal without prejudice to refiling. She also denied permission to proceed without paying fees for any appeal from the order.
The detailed version
- Ortiz v. Commissioner of Social Security · No. 1:25-cv-06051
- Laura Swain
- July 28, 2025
Background
Rosalyn Ortiz submitted this civil action to the U.S. District Court for the Southern District of New York by email. The court assigned the action docket number 1:25-CV-6051 (LTS). The opinion does not decide the underlying Social Security dispute.
Order to Pay Fees or Apply for Fee Waiver
The court explained that a plaintiff must either pay the required fees or submit a signed application to proceed without prepaying them. The order identified the required amount as $405.00, consisting of a $350.00 filing fee and a $55.00 administrative fee.
Within 30 days of the order, Ortiz was required either to pay the fees or, if unable to pay, complete, sign, and submit the attached application to proceed without prepaying fees, commonly called an IFP application. The order provided payment instructions and stated that no further action would be taken, and no summons or answer would be required, until payment or a completed and signed application was received.
If Ortiz complied, the case would be processed under the Clerk’s Office procedures. If the court granted an IFP application, Ortiz would be allowed to proceed without prepaying the fees.
Disposition and Effect
The order states that if Ortiz failed to comply within the allowed time, or failed to request an extension, the action would be dismissed without prejudice to refiling. The court also certified that any 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. This was a procedural order about payment of filing fees or an application to proceed without prepaying them, not a ruling on the merits of Ortiz’s claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.