Newsome v. Hon. Crystal R. Villasenor
- Andrew Carter
- 1:25-cv-08774
- U.S. District Court · Southern District of New York
- 2
In Newsome v. Villasenor, Judge Swain ordered the petitioner to pay $5 or submit an application to proceed without prepaying fees.
Tyre Fred Newsome Sr. must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days. The respondents were not required to answer at this time.
What happened
Tyre Fred Newsome Sr. v. Hon. Crystal R. Villasenor, et al. is a petition for a writ of habeas corpus. Newsome filed the petition without paying the filing fee or submitting an application to proceed without prepaying fees.
The court ordered Newsome, within 30 days, to either pay the $5 filing fee or submit a signed application to proceed without prepaying fees. The court said that no response from the respondents was required at this time.
If Newsome complies, the case will be processed under the Clerk’s Office procedures; if he does not, the action will be dismissed without prejudice. Judge Laura Taylor Swain also denied permission to appeal without prepaying fees, certifying that any appeal would not be taken in good faith.
The detailed version
- Newsome v. Hon. Crystal R. Villasenor · No. 1:25-cv-08774
- Andrew Carter
- Oct. 30, 2025
Background
Tyre Fred Newsome Sr., who is proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not decide the substance of that petition. Newsome submitted the petition without paying the required filing fee and without an application to proceed without prepaying fees, commonly called an IFP application.
Court’s order
The court directed Newsome, within 30 days of the order, to do one of two things: pay the $5 filing fee or complete and submit the attached signed IFP application. The application was to include docket number 25-CV-8774 (LTS). If the court grants the application, Newsome may proceed without paying the fees in advance.
The court stated that no answer from the respondents was required at that time. If Newsome complies with the order, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed without prejudice, meaning the order does not bar a later filing on that basis.
Disposition
This is a procedural order about payment of the filing fee or an application to proceed without prepaying fees; it does not resolve the habeas petition’s underlying issues. The court certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order was signed by Chief United States District Judge Laura Taylor Swain.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.