Hubbuch v. J&M Realty Services Corp.

Background

Edward B. Hubbuch 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 25-CV-7642. The opinion does not decide the merits of Hubbuch’s claims against J&M Realty Services Corp. or the other defendants.

Payment or application to proceed without prepayment

The court explained that a plaintiff must either pay the required fees for a civil action or submit a signed application to proceed without prepaying them. The order states that the required amount was $405, consisting of a $350 filing fee and a $55 administrative fee, while noting that the fee schedule could change.

The court ordered Hubbuch, within 30 days of the order, either to pay the fees or, if unable to pay, complete, sign, and submit the attached application to proceed without prepayment. The order provided payment instructions, including acceptable payment methods and the requirement to include the docket number.

Effect of compliance or noncompliance

The court directed that no further action would be taken, and no summons would issue or answer would be required, until payment was made or a completed and signed application was received. If the application were granted, Hubbuch would be permitted to proceed without prepaying the fees. If Hubbuch failed to comply or failed to request an extension within the allowed time, the action would be dismissed without prejudice to refiling.

Appeal

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.

Disposition

This is a procedural order concerning payment of filing fees or an application to proceed without prepayment. It does not resolve the underlying claims.