Duarte Palacios v. Superintendent
- Louis Stanton
- 1:25-cv-02411
- U.S. District Court · Southern District of New York
- 2
In Leopoldo Duarte Palacios v. Superintendent, Judge Swain ordered payment or an IFP application before processing the habeas petition.
Leopoldo Duarte Palacios is required to pay the filing fee or submit an IFP application for his case to proceed. The action may be dismissed if he does not comply within 30 days; any appeal from this order may not proceed without prepayment of fees.
What happened
Leopoldo Duarte Palacios filed a petition for a writ of habeas corpus without paying the $5 filing fee or submitting an application to proceed without prepaying fees.
The court ordered him, within 30 days, to either pay the fee or submit a signed application to proceed without prepaying fees. 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 an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
The detailed version
- Duarte Palacios v. Superintendent · No. 1:25-cv-02411
- Louis Stanton
- Mar. 25, 2025
Background
Leopoldo Duarte Palacios, representing himself, filed a petition for a writ of habeas corpus against the Superintendent of Clinton Correctional Facility. The opinion says he submitted the petition without the required $5 filing fee and without an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court ordered Palacios to pay the $5 filing fee or complete and submit the attached, signed IFP application within 30 days of the order. If he submits an IFP application, it must include docket number 1:25-CV-2411 (LTS). The court explained that, if it grants the application, Palacios may proceed without prepaying fees.
No summons will issue at this time. If Palacios complies, the Clerk’s Office will process the case under its procedures. If he does not comply within the allowed time, the action will be dismissed. The order does not decide the underlying habeas petition.
Appeal-related ruling
Judge Laura Taylor Swain certified under federal law that an appeal from this order would not be taken in good faith. The court therefore denied IFP status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.