Arroyo-Bey v. Manhattan North Management Co., Inc.
- Analisa Torres
- 1:22-cv-04789
- U.S. District Court · Southern District of New York
- 2
In Arroyo-Bey v. Manhattan North Management, Judge Swain ordered the pro se plaintiff to pay fees or submit an application to proceed without prepayment.
Noel Arroyo-Bey, who must either pay the required fees or submit an IFP application within 30 days to avoid dismissal of the action.
What happened
In Arroyo-Bey v. Manhattan North Management Co., Inc., Noel Arroyo-Bey filed a civil action without paying the required fees or submitting an application to proceed without prepayment of fees.
The court gave Arroyo-Bey 30 days to pay $402 in fees or submit a signed application to proceed without prepayment. If the application is approved, Arroyo-Bey may continue without paying the fees upfront; failure to comply will result in dismissal of the action.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied fee-free status for an appeal. The order did not decide the underlying claims.
The detailed version
- Arroyo-Bey v. Manhattan North Management Co., Inc. · No. 1:22-cv-04789
- Analisa Torres
- June 9, 2022
Background
Noel Arroyo-Bey brought this civil action without a lawyer. The complaint was submitted without the required filing and administrative fees and without an application to proceed without prepayment of fees, commonly called an IFP application.
Court’s Order
The court explained that a plaintiff must either pay $402—consisting of a $350 filing fee and a $52 administrative fee—or submit a signed IFP application under 28 U.S.C. §§ 1914 and 1915. The court ordered Arroyo-Bey to take one of those steps within 30 days of the order. If the court grants the IFP application, Arroyo-Bey may proceed without paying the fees upfront.
If Arroyo-Bey complies, the Clerk’s Office will process the case under its procedures. If Arroyo-Bey does not comply within the allowed time, the action will be dismissed.
Appeal and Disposition
Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. This order addressed payment of fees or an application to proceed without prepayment; it did not decide the merits of Arroyo-Bey’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.