Carrasquillo v. Superintendent
- Laura Swain
- 1:25-cv-01030
- U.S. District Court · Southern District of New York
- 2
In Carrasquillo v. Superintendent, Judge Swain ordered payment of the filing fee or submission of an application to proceed without prepaying fees.
Shakur Carrasquillo 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. The Superintendent was not required to answer at this stage.
What happened
In Carrasquillo v. Superintendent, Shakur Carrasquillo filed a petition challenging custody under a federal law that allows state prisoners to seek habeas relief. He did not submit the required $5 filing fee or an application to proceed without prepaying fees.
The court gave Carrasquillo 30 days from February 5, 2025, to pay the fee or submit a signed application. The court said no response from the Superintendent was required yet and warned that the case would be dismissed if Carrasquillo did not comply.
Judge Laura Taylor Swain issued this procedural order and did not decide the habeas petition’s underlying claims. She also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Carrasquillo v. Superintendent · No. 1:25-cv-01030
- Laura Swain
- Feb. 5, 2025
Background
Shakur Carrasquillo, who is representing himself, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. The opinion states that he submitted the petition without paying the $5 filing fee and without submitting an application to proceed without prepaying fees.
Order
The court ordered Carrasquillo, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. If he submits the application, it must identify docket number 25-CV-1030 (LTS). The court explained that, if the application is granted, Carrasquillo may proceed without prepaying fees.
The court stated that no answer from the Superintendent was required at that time. If Carrasquillo 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.
Disposition
The court certified that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not address the merits of Carrasquillo’s habeas petition. Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.