Jimenez-Fogarty v. Fogarty
Sai Malena Jimenez-Fogarty, as Next Friend on Behalf of Minor Children v. Thomas Fogarty
- Laura Swain
- 1:25-cv-08498
- U.S. District Court · Southern District of New York
- 2
In Jimenez-Fogarty v. Fogarty, Chief Judge Swain ordered payment of the filing fee or an IFP application within 30 days.
Sai Malena Jimenez-Fogarty, acting on behalf of her minor children, must either pay the $5 filing fee or submit a signed application to proceed without paying within 30 days; otherwise, the action will be dismissed without prejudice.
What happened
Sai Malena Jimenez-Fogarty v. Thomas Fogarty concerns a petition filed by Jimenez-Fogarty on behalf of her minor children. She filed it without paying the required fee or submitting an application to proceed without paying because of financial hardship.
The court gave her 30 days to pay the $5 filing fee or submit a signed application for permission to proceed without paying. The court said no response from Thomas Fogarty was required at this stage.
The order states that the case will be processed if Jimenez-Fogarty complies, but the action will be dismissed without prejudice if she does not. Chief United States District Judge Laura Taylor Swain also denied permission to appeal without paying because the court certified that an appeal would not be taken in good faith.
The detailed version
- Jimenez-Fogarty v. Fogarty · No. 1:25-cv-08498
- Laura Swain
- Oct. 16, 2025
Background
Sai Malena Jimenez-Fogarty, acting without a lawyer as “next friend” on behalf of her minor children, filed a petition for a writ of habeas corpus. The opinion does not explain the underlying claims or the relief sought in the petition.
Filing-fee requirement
The court explained that a petitioner must either pay the $5 filing fee or submit a signed application to proceed in forma pauperis, meaning without paying the fee because of financial hardship. Jimenez-Fogarty submitted the petition without either payment or an application.
Order
The court ordered Jimenez-Fogarty, within 30 days of the order’s date, to pay the $5 filing fee or complete and submit the attached application. The order gives instructions for mailing or making the payment and requires any application to identify docket number 25-CV-8498 (LTS). No answer from Fogarty was required at that time.
If Jimenez-Fogarty complies, the Clerk’s Office will process the case under its procedures. If she does not comply within the allowed time, the action will be dismissed without prejudice, meaning the order does not state that refiling is barred.
Appeal certification
Chief United States District Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without paying the appellate filing fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.