Horta Suarez v. Wells Fargo Bank, National Association
- Laura Swain
- 1:23-cv-10600
- U.S. District Court · Southern District of New York
- 4
In Horta-Suarez v. Wells Fargo, Judge Swain ordered payment of fees or an application to proceed without prepayment within 30 days.
Joel A. Horta-Suarez must either pay the $405 in fees or submit a signed IFP application within 30 days; otherwise, the action will be dismissed. Wells Fargo Bank, National Association is the defendant, but the opinion does not describe any ruling on the underlying claims.
What happened
Joel A. Horta-Suarez v. Wells Fargo Bank, National Association concerns a lawsuit filed without the required filing fees or an application to proceed without prepaying fees. The opinion does not describe the lawsuit’s underlying claims.
The court ordered Joel A. Horta-Suarez, who is representing himself, to pay $405 or submit a signed application to proceed without prepaying fees within 30 days. No summons will issue at this time, and the action will be dismissed if he does not comply.
Chief Judge Laura Taylor Swain also denied fee-waiver status for an appeal and certified that an appeal from the order would not be taken in good faith.
The detailed version
- Horta Suarez v. Wells Fargo Bank, National Association · No. 1:23-cv-10600
- Laura Swain
- Jan. 10, 2024
Background
Joel A. Horta-Suarez filed this action pro se, meaning without a lawyer. The complaint was submitted without the required filing fees and without an application to proceed in forma pauperis (IFP), which means proceeding without prepaying court fees. The opinion does not state what claims the complaint asserts.
Order
The court explained that proceeding with a civil action in the Southern District of New York requires either payment of $405 in fees—a $350 filing fee and a $55 administrative fee—or submission of a signed IFP application. The court gave Horta-Suarez 30 days from the date of the order to do one of those things. If he submits the application, it must identify docket number 23-CV-10600 (LTS).
No summons will issue at this time. If Horta-Suarez complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the permitted time, the action will be dismissed.
Appeal-related ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. It therefore denied IFP status for purposes of an appeal.
Judge
Chief United States District Judge Laura Taylor Swain issued and signed the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.