Tejeda v. Commissioner of Social Security
- Laura Swain
- 1:25-cv-08326
- U.S. District Court · Southern District of New York
- 4
In Reberto Tejeda v. Commission of Social Security, Judge Swain ordered payment or an IFP application within 30 days, or the action will be dismissed.
Reberto Tejeda, who must either pay $405 or submit an IFP application within 30 days to avoid dismissal of the action.
What happened
Reberto Tejeda sued the Commission of Social Security and filed the action without paying the required fees or submitting an application to proceed without prepaying them. The opinion does not describe the underlying claim.
The court ordered Tejeda, who is representing himself, to either pay $405 or submit a signed application to proceed without prepaying fees within 30 days. The court said no summons would issue at that time and that the case would be processed if Tejeda complied.
Chief United States District Judge Laura Taylor Swain stated that failure to comply within the allowed time would result in dismissal of the action. She also denied permission to appeal without prepaying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Tejeda v. Commissioner of Social Security · No. 1:25-cv-08326
- Laura Swain
- Oct. 9, 2025
Background
Reberto Tejeda brought this action without a lawyer. The opinion does not explain the substance of his claim against the Commission of Social Security. When he filed the complaint, he did not pay the required fees and did not submit an application to proceed without prepaying fees.
Court’s Order
The court explained that filing a civil action required either payment of a $350 filing fee and a $55 administrative fee, totaling $405, or a signed application to proceed without prepaying fees. This procedure is commonly called proceeding in forma pauperis, or IFP.
The court ordered Tejeda to pay the $405 or submit the attached IFP application within 30 days of the order. If the court grants the application, Tejeda may proceed without paying the fees in advance. The court instructed him to identify docket number 25-CV-8326 (LTS) on the application.
No summons would issue at that time. The court stated that, if Tejeda complied, the case would be processed under the Clerk’s Office procedures. If he did not comply within the permitted time, the action would be dismissed.
Appeal-Fee Ruling
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. She therefore denied IFP status for purposes of an appeal.
Disposition
The court entered an order directing Tejeda to pay the required fee or submit an IFP application. The action was not dismissed in this order, although the court stated that failure to comply would result in dismissal.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.