Hafner v. Federal Bureau of Prisons
- Nelson Roman
- 7:24-cv-08087
- U.S. District Court · Southern District of New York
- 2
In Hafner v. Federal Bureau of Prisons, Judge Roman ordered Eric Hafner to pay the fee or submit a fee-waiver application within 30 days.
Eric Hafner, who must either pay the $5 filing fee or submit a signed application to proceed without paying it within 30 days; otherwise, his action will be dismissed without prejudice.
What happened
In Hafner v. Federal Bureau of Prisons, Eric Hafner filed a petition under a federal law that allows a person to challenge certain matters through habeas proceedings. He did not pay the required $5 filing fee or submit an application to proceed without paying it.
The court gave Hafner 30 days from November 18, 2024, to either pay the fee or submit a signed application to proceed without paying it. The application must include the case number. The court said no response from the respondents was required at this time.
Judge Nelson S. Roman warned that the case will be dismissed without prejudice if Hafner does not comply within the allowed time. The court also denied permission to proceed without paying the fee on any appeal from this order.
The detailed version
- Hafner v. Federal Bureau of Prisons · No. 7:24-cv-08087
- Nelson Roman
- Nov. 18, 2024
Background
Eric Hafner, proceeding without a lawyer, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. The opinion does not address the substance of Hafner's petition. The filing named the Federal Bureau of Prisons, the warden of FCI Otisville, and the U.S. Attorney General as respondents.
Filing-fee requirement
The court explained that a person filing this type of petition must either pay the $5 filing fee or submit a signed application asking to proceed without paying the fee. Hafner submitted the petition without either the fee or an application.
Order
The court ordered Hafner, within 30 days of the order, to pay the $5 filing fee or complete and submit the attached application to proceed without paying it. The application must be labeled with docket number 24-CV-8087 (NSR). The court stated that no answer from the respondents was required at this stage.
If Hafner does not comply within the allowed time, the action will be dismissed without prejudice, meaning the opinion does not bar refiling. The court also certified that an appeal from this order would not be taken in good faith and denied permission to proceed without paying the appellate fee. The Clerk was directed to mail copies of the order to Hafner and record proof of service.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.