Perez v. Oxford University
- Laura Swain
- 1:22-cv-07830
- U.S. District Court · Southern District of New York
- 3
In Perez v. Oxford University, Judge Swain ordered pro se plaintiff Perez to pay $402 or file a signed amended fee-waiver application within 30 days.
Eric Andrew Perez, who was required to pay the filing fees or submit a signed amended application to proceed without prepaying them.
What happened
In Perez v. Oxford University, Eric Andrew Perez sued Oxford University and others without a lawyer. The court said he could proceed only by paying $402 in fees or requesting permission to proceed without paying fees upfront.
Perez’s fee application was unsigned. It also reported Social Security and Veterans Affairs disability payments without stating the monthly amounts and listed $15,000 in a checking or savings account. The court therefore said it appeared he could pay the filing fees, but could not rule on the unsigned application.
Judge Laura Taylor Swain ordered Perez, within 30 days, either to pay $402 or submit a completed and signed amended application. No summons would issue at that time, and the action would be dismissed if he did not comply. The court also denied fee-waiver status for any appeal from the order.
The detailed version
- Perez v. Oxford University · No. 1:22-cv-07830
- Laura Swain
- Sept. 16, 2022
Background
Eric Andrew Perez brought this action against Oxford University and other defendants without a lawyer. The court explained that a person starting a civil action must either pay $402 in filing and administrative fees or submit a signed application to proceed without prepaying those fees.
Perez submitted an application without a signature. His answers indicated that he received Social Security and Veterans Affairs disability payments, but he did not state the monthly amounts. He also reported having $15,000 in a checking or savings account. Based on those answers, the court said it appeared that Perez had enough funds to pay the filing fees. The opinion also refers to a prior related proceeding involving the same defendants and claims, and to a later filing in another federal district.
Order
The court ordered Perez, within 30 days of the order, either to pay the $402 in fees or to complete, sign, and submit an amended application to proceed without prepaying fees. Any amended application had to identify docket number 22-CV-7830 (LTS). The court stated that it could grant the amended application and allow Perez to proceed without prepayment, but the unsigned application prevented a ruling on his request at that time.
No summons would issue at that time. If Perez complied, the Clerk’s Office would process the case under its procedures. If he failed to comply within the allowed time, the action would be dismissed. The court also certified that any appeal from this order would not be taken in good faith and denied fee-waiver status for purposes of an appeal. Judge Laura Taylor Swain signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.