Guanoluisa v. Francis
- Laura Swain
- 1:25-cv-07012
- U.S. District Court · Southern District of New York
- 2
In Guanoluisa v. Francis, Chief Judge Swain ordered payment of the filing fee or submission of an application to proceed without prepaying fees.
Anderson Omar Tacuri Guanoluisa, who must pay the filing fee or submit the required application within 30 days to avoid dismissal of the action.
What happened
Guanoluisa v. Francis is a petition seeking court review of detention. The petitioner is proceeding without a lawyer.
The petitioner submitted the petition without the required $5 filing fee and without an application to proceed without prepaying fees. The court gave the petitioner 30 days to pay the fee or submit a signed application. No response from the respondents is required yet.
Chief Judge Swain ordered that the case proceed through the clerk’s office if the petitioner complies. She stated that the action will be dismissed if the petitioner does not comply within 30 days and denied permission to appeal without prepaying fees.
The detailed version
- Guanoluisa v. Francis · No. 1:25-cv-07012
- Laura Swain
- Aug. 26, 2025
Background
Anderson Omar Tacuri Guanoluisa, who is proceeding without a lawyer, filed a petition for a writ of habeas corpus, a court request challenging the legality of detention. The petition was submitted without the required $5 filing fee and without an application to proceed in forma pauperis, meaning without prepaying court fees.
Order
The court ordered the petitioner, within 30 days of the order, either to pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. The order states that the application should identify docket number 25-CV-0712-LTS. If the court grants the application, the petitioner may proceed without prepayment of fees.
The court stated that no answer from the respondents was required at that time. If the petitioner complies, the case will be processed under the clerk’s office procedures. If the petitioner fails to comply within the allowed time, the action will be dismissed. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
Disposition
This order directs the petitioner to pay the filing fee or submit an application to proceed without prepaying fees. It does not decide the substance of the habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.