Whittle v. Anderson
- Laura Swain
- 7:25-cv-06503
- U.S. District Court · Southern District of New York
- 2
In Whittle v. Anderson, Chief Judge Swain ordered the petitioner to pay $5 or request permission to proceed without paying within 30 days.
Robert Whittle, the self-represented petitioner, must either pay the $5.00 filing fee or submit a signed application to proceed without prepaying fees within 30 days; otherwise, the action will be dismissed. Lisa Anderson was not required to answer at this time.
What happened
In Whittle v. Anderson, Robert Whittle filed a petition asking for habeas corpus relief without paying the $5 filing fee or submitting an application to proceed without prepaying court fees. The opinion identifies Whittle as representing himself.
The court ordered Whittle, within 30 days of August 12, 2025, to pay the fee or submit a signed application for permission to proceed without prepaying fees. No response from Lisa Anderson was required at that time. If Whittle does not comply, the action will be dismissed.
Chief Judge Swain also ruled 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 decide the substance of Whittle’s habeas petition.
The detailed version
- Whittle v. Anderson · No. 7:25-cv-06503
- Laura Swain
- Aug. 12, 2025
Background
Robert Whittle, who is proceeding without a lawyer, filed a petition for a writ of habeas corpus against Lisa Anderson. He submitted the petition without the required $5.00 filing fee and without an application to proceed without prepaying court fees, commonly called an IFP application.
Order
The court ordered Whittle to do one of two things within 30 days of the order’s date: pay the $5.00 filing fee or complete and submit the attached signed IFP application. The application was to include docket number 25-CV-6503 (LTS). If the court grants the application, Whittle may proceed without prepaying fees.
The court stated that no answer from Anderson was required at that time. If Whittle 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 Effect
The court certified under 28 U.S.C. § 1915(a)(3) 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 order addressed filing requirements and did not reach the merits of the habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.