Rocha v. United States Federal Bureau of Prisons
- Laura Swain
- 1:24-cv-06408
- U.S. District Court · Southern District of New York
- 4
In Rocha v. United States Federal Bureau of Prisons, Judge Swain ordered Pablo Rocha to pay $5 or submit a fee-waiver application within 30 days.
Pablo Rocha, who must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days, or the action will be dismissed.
What happened
Rocha v. United States Federal Bureau of Prisons concerns Pablo Rocha’s petition asking the court to review his detention. He is representing himself.
Rocha submitted the petition without paying the $5 filing fee or submitting an application to proceed without prepaying fees. The court gave him 30 days to pay the fee or submit the completed application. No summons will issue yet, and the case will be processed if he complies; otherwise, the action will be dismissed.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Rocha v. United States Federal Bureau of Prisons · No. 1:24-cv-06408
- Laura Swain
- Sept. 3, 2024
Background
Pablo Rocha, who is proceeding without a lawyer, filed a petition for a writ of habeas corpus, a legal procedure asking a court to review the lawfulness of a person’s detention. The opinion does not address the substance of Rocha’s petition.
Filing-fee requirement
The court explained that a petitioner must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees, commonly called an in forma pauperis or IFP application. Rocha submitted neither the fee nor the application with his petition.
Order
The court ordered Rocha, within 30 days of September 3, 2024, to either pay the $5 filing fee or complete and submit the attached IFP application. The application must identify docket number 24-CV-6408 (LTS). If the court grants the application, Rocha may proceed without paying the filing fee in advance.
The court directed that no summons issue at this time. If Rocha complies with the order, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal-related ruling
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. The court therefore denied IFP status for purposes of an appeal. This order did not decide whether Rocha is entitled to habeas relief.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.