Aviles v. Hunt
- Laura Swain
- 1:25-cv-05037
- U.S. District Court · Southern District of New York
- 4
In Aviles v. Hunt, Judge Swain ordered Orlando Aviles to pay fees or submit an application to proceed without prepaying them.
Orlando Aviles must either pay $405 or submit a signed application to proceed without prepaying fees within 30 days; otherwise, the action will be dismissed. David Hunt is affected because no summons will issue at this time.
What happened
In Aviles v. Hunt, Orlando Aviles filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court ordered Aviles, within 30 days, to pay $405 or submit a signed application to proceed without prepaying fees. The court said no summons would issue at that time and warned that the action would be dismissed if he did not comply.
Chief Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Aviles v. Hunt · No. 1:25-cv-05037
- Laura Swain
- Aug. 1, 2025
Background
Orlando Aviles brought this action without a lawyer. He submitted the complaint without paying the $405 required to proceed in the Southern District of New York and without submitting an application to proceed without prepaying fees, commonly called an IFP application.
Court’s Order
The court ordered Aviles, within 30 days of the order, to either pay the $405 fee or submit a signed IFP application labeled with docket number 1:25-CV-5037 (LTS). The $405 consists of a $350 filing fee and a $55 administrative fee. If the court grants the IFP application, Aviles will be permitted to proceed without prepaying the fees.
No summons will issue at this time. The court stated that, if Aviles complies with the order, the case will be processed under the Clerk’s Office procedures. If he does not comply within the permitted time, the action will be dismissed.
Appeal
Under 28 U.S.C. § 1915(a)(3), the court certified that any appeal from this order would not be taken in good faith. The court therefore denied IFP status for purposes of an appeal.
Disposition
The court ordered payment of the filing fees or submission of an IFP application. It did not issue a summons at this stage.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.