Khaimov v. Warden
- Laura Swain
- 1:25-cv-07643
- U.S. District Court · Southern District of New York
- 4
In Khaimov v. Warden, Judge Swain ordered Arkadiy Khaimov to pay the fee or submit a fee-waiver application within 30 days.
Arkadiy Khaimov must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days; failure to comply will result in dismissal of the action.
What happened
Arkadiy Khaimov filed a habeas petition without paying the required filing fee or submitting an application to proceed without prepaying fees.
The court ordered him, within 30 days, to pay the $5 filing fee or submit a signed fee-waiver application. No response from the respondent was required at this stage.
Judge Laura Taylor Swain said the case would proceed under court procedures if Khaimov complied, but the action would be dismissed if he did not. She also denied fee-waiver status for any appeal from this order.
The detailed version
- Khaimov v. Warden · No. 1:25-cv-07643
- Laura Swain
- Sept. 17, 2025
Background
Arkadiy Khaimov, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion states that he submitted the petition without the required $5 filing fee and without an application to proceed without prepaying fees.
Court’s Order
The court ordered Khaimov, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. The application had to identify docket number 25-CV-7643 (LTS). If the court grants the application, Khaimov may proceed without paying the fees in advance. No answer from the respondent was required at this time.
Effect of Noncompliance and Appeal
The order states that the case will be processed under the Clerk’s Office procedures if Khaimov complies. If he does not comply within the allowed time, the action will be dismissed. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
Disposition
Judge Laura Taylor Swain directed payment of the filing fee or submission of the fee-waiver application. The order did not decide the substance of Khaimov’s habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.