Rodriguez v. New York
- Laura Swain
- 1:25-cv-00350
- U.S. District Court · Southern District of New York
- 4
In Rodriguez v. New York, Judge Swain ordered a $5 fee or IFP application within 30 days and denied IFP status for any appeal.
Rudolfo Rodriguez, who must either pay the $5 filing fee or submit an application to proceed without prepaying fees within 30 days for the action to continue.
What happened
Rodriguez v. New York concerns Rudolfo Rodriguez’s petition for a writ of habeas corpus, filed without the required filing fee or an application to proceed without prepaying fees. The opinion does not describe the petition’s underlying claims.
The court ordered Rodriguez to pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days. No summons will issue at this time. If Rodriguez does not comply, the action will be dismissed; if he submits the application and it is granted, he may proceed without paying the fee in advance.
Judge Laura Taylor Swain also certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.
The detailed version
- Rodriguez v. New York · No. 1:25-cv-00350
- Laura Swain
- Jan. 24, 2025
Background
Rudolfo Rodriguez, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not explain the substance of the petition or identify Rodriguez’s custody status. Rodriguez did not submit the $5 filing fee or an application to proceed without prepaying court fees.
Order
The court directed Rodriguez, within 30 days of the order’s date, to do one of two things: pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. The application had to be signed and labeled with docket number 1:25-CV-0350. If the court grants the application, Rodriguez may proceed without paying the fee in advance.
The court ordered that no summons issue at this time. It stated that, if Rodriguez complies, 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 and disposition
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 permission to proceed without prepaying fees for purposes of an appeal. This order addressed filing requirements and did not decide the merits of Rodriguez’s habeas petition. Judge Laura Taylor Swain signed the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.