Cruz v. King

Background

Steven Cruz, who is incarcerated and representing himself, filed a petition for a writ of habeas corpus, a court challenge to the legality of his custody. The court had previously ordered him to either pay the $5.00 filing fee or submit a signed application to proceed without prepaying fees, commonly called an IFP application.

Cruz sent a letter stating that he had mailed an IFP application and a $5.00 check. The letter included an illegible photocopy of a document. The court stated that it had no record of receiving either the check or a completed IFP application.

Order

The court ordered Cruz, within 30 days of August 5, 2024, to do one of two things: pay the $5.00 filing fee or complete and submit the attached IFP application. If he submits the application, it must include docket number 24-CV-5068 (LTS), and he does not also have to submit the filing fee. If the court grants the application, Cruz may proceed without paying fees in advance.

The court stated that no response to the petition was required at that time and that the case would be processed under the Clerk’s Office procedures if Cruz complied. If he failed to comply within the allowed time, the action would be dismissed. The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.

Disposition and significance

The order addressed filing-fee requirements and did not decide the substance of Cruz’s habeas petition. The court directed payment of the fee or submission of an IFP application; it did not dismiss the action in this order.