Irakli v. Flanagan
- John Cronan
- 1:25-cv-06817
- U.S. District Court · Southern District of New York
- 2
In Irakli v. Flanagan, Judge Cronan ordered the pro se habeas petitioner to pay $5 or submit a fee-waiver application within 30 days.
Irakli Simsive, who must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days; any appeal from this order cannot proceed without prepayment of fees based on the court's certification.
What happened
Irakli Simsive filed a petition for a writ of habeas corpus without paying the required filing fee or submitting an application to proceed without prepaying fees.
The court gave Simsive 30 days from August 22, 2025, to pay the $5 filing fee or submit a signed fee-waiver application. The order did not decide whether his habeas petition had merit.
Judge John P. Cronan also ruled that any appeal from this order would not be taken in good faith and denied fee-waiver status for an appeal. The Clerk of Court was directed to mail the order to Simsive.
The detailed version
- Irakli v. Flanagan · No. 1:25-cv-06817
- John Cronan
- Aug. 22, 2025
Background
Irakli Simsive, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not describe the underlying habeas claims. Simsive submitted the petition without the required $5 filing fee and without an application to proceed without prepaying court fees.
Order
The court ordered Simsive, within 30 days of the order’s date, to do one of two things: pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. The application had to include docket number 25 Civ. 6817 (JPC). The court explained that, if it granted the application, Simsive could proceed without paying the fee in advance.
The order did not rule on the merits of Simsive’s habeas petition. It also did not dismiss or deny that petition.
Appeal and Service
The court certified that any appeal from this order would not be taken in good faith and denied the ability to proceed without prepaying fees for purposes of an appeal. The Clerk of Court was directed to mail a copy of the order to Simsive at the addresses listed in the opinion, including the Metropolitan Detention Center.
Disposition
The court issued an order directing payment of the filing fee or submission of an application to proceed without prepaying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.