Robertson v. United States Federal Bureau of Prisons
- Laura Swain
- 1:25-cv-02533
- U.S. District Court · Southern District of New York
- 2
In Robertson v. United States Federal Bureau of Prisons, Judge Swain ordered Keith Robertson to pay $5 or submit an application to proceed without paying the fee within 30 days.
Keith Robertson’s habeas case was subject to a filing-fee or fee-waiver requirement; the Bureau of Prisons was not required to answer at this stage.
What happened
Robertson v. United States Federal Bureau of Prisons concerns Keith Robertson’s petition for a writ of habeas corpus. The opinion says Robertson is representing himself and submitted the petition without paying the $5 filing fee or submitting an application to proceed without prepaying fees.
The court ordered Robertson, within 30 days, either to pay the $5 fee or submit a signed application to proceed without prepaying fees. The court said no response from the Bureau of Prisons was required at that time. If Robertson complies, the case will continue through the Clerk’s Office’s procedures; if he does not, the action will be dismissed. The court also denied permission to proceed without prepaying fees for any appeal from this order.
Judge Laura Taylor Swain issued the order on March 27, 2025. The order addressed filing requirements and did not decide the substance of Robertson’s habeas petition.
The detailed version
- Robertson v. United States Federal Bureau of Prisons · No. 1:25-cv-02533
- Laura Swain
- Mar. 27, 2025
Background
Keith Robertson, who is representing himself, filed a petition for a writ of habeas corpus against the United States Federal Bureau of Prisons. He did not submit the required $5 filing fee or a signed application asking to proceed without prepaying court fees.
Order
The court ordered Robertson to take one of two steps within 30 days of the order’s date: pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. The application must identify docket number 25-CV-2533 (LTS). If the court grants the application, Robertson may proceed without prepaying fees.
The court stated that the respondent did not need to file an answer at that time. If Robertson complies with the order, the case will be processed under the Clerk’s Office’s procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal-related ruling
The court certified that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.
What the order did not decide
The order did not address the substance of Robertson’s habeas petition or decide whether he is entitled to habeas relief.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.