Kuprashvili v. Flanagan
- Paul Engelmayer
- 1:25-cv-05268
- U.S. District Court · Southern District of New York
- 4
In Kuprashvili v. Flanagan, Judge Engelmayer ordered payment of the filing fee or submission of an application to proceed without prepaying fees.
Temuri Kuprashvili, whose habeas petition may proceed only after he pays the $5 filing fee or submits an application to proceed without prepaying fees; any appeal from this order cannot proceed without prepayment of fees.
What happened
In Temuri Kuprashvili v. Bryan Flanagan, et al., Temuri Kuprashvili filed a petition asking for a court order addressing his detention, but did not pay the required filing fee or submit an application to proceed without prepaying fees. The order did not address the petition’s underlying claims.
The court gave Kuprashvili 30 days from September 26, 2025, to either pay the $5 filing fee or submit a signed application showing that he cannot afford to pay it. If the court approves the application, he may proceed without paying the fee in advance.
Judge Paul A. Engelmayer also ruled 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 clerk was directed to mail the order to Kuprashvili and Bernal Peter Ojeda.
The detailed version
- Kuprashvili v. Flanagan · No. 1:25-cv-05268
- Paul Engelmayer
- Sept. 26, 2025
Background
Temuri Kuprashvili, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not describe the underlying claims or the relief sought in the petition. Kuprashvili submitted the petition without paying the $5 filing fee and without submitting an application to proceed without prepaying fees, commonly called an application to proceed in forma pauperis.
Order
The court ordered Kuprashvili, within 30 days of the order, to either pay the $5 filing fee or complete and submit a signed application to proceed without prepaying fees. The application had to identify docket number 25-CV-5268 (PAE). The court stated that, if it grants the application, Kuprashvili may proceed without paying the fee in advance.
Other Rulings and Effect
Judge Paul A. Engelmayer certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The clerk was directed to mail the order to Kuprashvili at the address on record and to Bernal Peter Ojeda at the address listed in the order. This order concerns filing requirements and does not decide the merits of Kuprashvili’s habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.