Strawder v. Bradford
- Edgardo Ramos
- 1:24-cv-09786
- U.S. District Court · Southern District of New York
- 2
In Strawder v. Bradford, Judge Swain ordered the petitioner to pay a $5 fee or submit a financial-assistance application within 30 days, or the case will be dismissed.
Arthur Strawder, whose case must satisfy the filing-fee or fee-waiver requirement before it proceeds.
What happened
Arthur Strawder filed a habeas petition against D. Bradford without a lawyer, but did not pay the required $5 filing fee or submit an application to proceed without paying fees.
The court gave Strawder 30 days from December 19, 2024, to pay the fee or submit a signed financial-assistance application. The court said no response from Bradford was required yet and warned that the case will be dismissed if Strawder does not comply.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to proceed without paying appeal fees. The order did not decide the substance of Strawder’s petition.
The detailed version
- Strawder v. Bradford · No. 1:24-cv-09786
- Edgardo Ramos
- Dec. 19, 2024
Background
Arthur Strawder, proceeding without a lawyer, filed a petition for a writ of habeas corpus against D. Bradford. The petition was submitted without the required $5 filing fee and without an application asking to proceed without prepaying court fees.
Order
The court directed Strawder, within 30 days of December 19, 2024, to either pay the $5 filing fee or complete and submit the attached application for permission to proceed without prepaying fees. If the court grants that application, Strawder may proceed without paying the fee in advance. The court instructed that the application identify docket number 24-CV-9786 (LTS).
The court stated that no answer from Bradford was required at that time. If Strawder complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed period, the action will be dismissed.
Appeal and effect
The court certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. This order addressed filing-fee and fee-waiver requirements; it did not decide the substance of Strawder’s habeas petition.
Disposition
The court ordered payment of the filing fee or submission of a fee-waiver application and warned that noncompliance will result in dismissal. The order did not dismiss the action at that time.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.