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S.D.N.Y.Procedural orderFiled Aug. 2, 2023

Urena v. Sing

Judge
Laura Swain
Docket
1:23-cv-06732
Court
U.S. District Court · Southern District of New York
Pages
4
Civil ProcedurePro Se
In one sentence

In Urena v. Sing, Judge Swain ordered Amaury Urena to pay fees or seek fee-free status before the case proceeds.

Who this affects

Amaury Urena, whose case must satisfy the payment or application requirement before it proceeds; the action may be dismissed if he does not comply within 30 days.

What happened

In Urena v. Sing, Amaury Urena filed a civil action without paying the required fees or submitting an application to proceed without prepaying them. The order does not address the claims’ underlying issues.

The court gave Urena 30 days to either pay $402— consisting of a $350 filing fee and a $52 administrative fee—or submit a signed application to proceed without prepaying fees. No summons will issue yet. If Urena does not comply on time, the action will be dismissed.

Judge Laura Taylor Swain ordered the payment or application and stated that any appeal from the order would not be considered filed in good faith, so fee-free status for an appeal was denied.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Urena v. Sing · No. 1:23-cv-06732
Judge
Laura Swain
Date
Aug. 2, 2023

Background

Amaury Urena brought this civil action pro se, meaning without a lawyer. The complaint was filed without the required fees and without an application to proceed in forma pauperis (IFP), meaning without prepaying court fees. The caption lists P.O. Sing and other defendants.

Order

The court directed Urena, within 30 days of the order, to do one of two things: pay $402 in fees, consisting of a $350 filing fee and a $52 administrative fee, or submit a signed IFP application. The application was to identify docket number 23-CV-6732 (LTS). The court explained that, if it grants the application, Urena may proceed without prepaying the fees.

No summons will issue at this time. If Urena complies with the order, the case will be processed under the Clerk’s Office procedures. If Urena does not comply within the allowed time, the action will be dismissed.

Appeal and Scope of the Ruling

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal. The order does not decide the merits of Urena’s claims or address the defendants’ liability.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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