Robertson v. United States Federal Bureau of Prisons
- Analisa Torres
- 1:25-cv-02481
- U.S. District Court · Southern District of New York
- 4
In Robertson v. United States Federal Bureau of Prisons, Judge Swain ordered Robertson to pay the fee or apply to proceed without prepaying it.
Keith Robertson must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days; otherwise, the action will be dismissed. The United States Federal Bureau of Prisons is the respondent, but the order does not require it to respond at this stage.
What happened
Robertson v. United States Federal Bureau of Prisons concerns Keith Robertson’s petition asking the court to review his custody through a habeas petition. The opinion identifies Robertson as representing himself.
Robertson submitted the petition without paying the $5 filing fee and without submitting an application to proceed without prepaying court fees. The court therefore directed him to take one of those steps within 30 days.
Judge Swain ordered that no summons issue for now. If Robertson pays the fee or submits the application, the case will be processed under the clerk’s procedures; if he does not comply, the action will be dismissed. The order did not decide the substance of Robertson’s petition.
The detailed version
- Robertson v. United States Federal Bureau of Prisons · No. 1:25-cv-02481
- Analisa Torres
- Apr. 4, 2025
Background
Keith Robertson filed a petition for a writ of habeas corpus, a court petition seeking review of a person’s custody. The opinion states that Robertson is proceeding without a lawyer. He filed the petition without paying the required $5 filing fee and without submitting an application to proceed without prepaying fees.
Court’s Order
The court ordered Robertson, within 30 days of April 4, 2025, to do one of two things: pay the $5 filing fee, or complete and submit the attached application to proceed without prepaying fees. If Robertson submits the application, it must include docket number 1:25-CV-2481. The court explained that, if the application is granted, Robertson may proceed without paying the fees in advance.
The court directed that no summons issue at that time. It stated that, if Robertson complies with the order, the case will be processed under the procedures of the Clerk’s Office. If he does not comply within the allowed period, the action will be dismissed.
Appeal and Disposition
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 an appeal. This order addressed filing requirements and did not decide the merits of Robertson’s habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.