Santiago v. Ritter
- Laura Swain
- 1:25-cv-07551
- U.S. District Court · Southern District of New York
- 4
In Antonio Rodriguez Hernandez Santiago v. Ritter, Chief Judge Swain ordered payment of the filing fee or an application to proceed without prepayment.
Antonio Rodriguez Hernandez Santiago must either pay the $5 filing fee or submit the required application within 30 days; otherwise, the action will be dismissed.
What happened
Antonio Rodriguez Hernandez Santiago filed a petition asking the court to review his detention or custody, but he did not pay the required filing fee or submit an application to proceed without prepaying fees.
The court gave him 30 days to pay the $5 filing fee or submit a signed application showing that he cannot pay. No response from Ritter is required at this time, but the action will be dismissed if Santiago does not comply.
Chief Judge Laura Taylor Swain also denied permission to appeal without prepaying fees, finding that any appeal from this order would not be taken in good faith.
The detailed version
- Santiago v. Ritter · No. 1:25-cv-07551
- Laura Swain
- Sept. 12, 2025
Background
Antonio Rodriguez Hernandez Santiago filed a petition for a writ of habeas corpus, which is a request for court review of allegedly unlawful custody or detention. He was representing himself. He submitted the petition without paying the $5 filing fee and without an application to proceed in forma pauperis, meaning without prepaying court fees based on inability to pay.
Court’s Order
The court ordered Santiago, within 30 days of September 12, 2025, to do one of two things: pay the $5 filing fee, or complete and submit the attached signed application to proceed without prepaying fees. The application must identify docket number 25-CV-7551 (LTS). If the court grants the application, Santiago may proceed without prepaying the fees.
The court stated that no answer from Ritter is required at this time. If Santiago complies, the Clerk’s Office will process the case under its regular 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 in forma pauperis status for purposes of an appeal. This order addresses filing requirements and does not decide the substance of Santiago’s petition.
Judge
The order was signed by Laura Taylor Swain, Chief United States District Judge.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.