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S.D.N.Y.Procedural orderFiled Apr. 4, 2025

Morales v. Hilton

Judge
Laura Swain
Docket
1:25-cv-02653
Court
U.S. District Court · Southern District of New York
Pages
2
HabeasPro SeCivil Procedure
In one sentence

In Morales v. Hilton, Judge Swain ordered Luis Morales to pay the filing fee or submit an IFP application within 30 days.

Who this affects

Luis Morales and the processing of his pending habeas petition.

What happened

In Morales v. Hilton, Luis Morales 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 gave Morales 30 days to pay the fee or submit a signed application to proceed without prepaying fees. No summons will issue yet, and the action will be dismissed if he does not comply.

Judge Swain also ruled that any 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

For law students, journalists, and other readers who want the full reasoning

Case
Morales v. Hilton · No. 1:25-cv-02653
Judge
Laura Swain
Date
Apr. 4, 2025

Background

Luis Morales, who is proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not address the substance of that petition. Morales did not submit the required $5 filing fee or an application to proceed without prepaying court fees.

Order

The court ordered Morales, within 30 days of April 4, 2025, 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 1:25-CV-2653 (LTS). If the court grants the application, Morales may proceed without prepaying fees.

No summons will issue at this time. If Morales 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 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. Judge Laura Taylor Swain did not rule on the merits of Morales’s habeas petition.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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