Mcdonald v. Francis
Chattara Kelly ex rel. Shawnet Nickesha McDonald v. Ladeon Francis; Kristi Noem; Pamela Bondi
- Vargas
- 1:25-cv-09355
- U.S. District Court · Southern District of New York
- 3
In Chattara Kelly v. Ladeon Francis, Judge Vargas ordered payment of a $5 fee, an IFP application, and a mailing address.
Chattara Kelly, acting as next friend for Shawnet Nickesha McDonald, must submit the filing fee or an IFP application and provide a mailing address; the case may be dismissed without prejudice if the fee or application is not submitted on time.
What happened
In Chattara Kelly ex rel. Shawnet Nickesha McDonald v. Ladeon Francis, Chattara Kelly filed a petition for Shawnet Nickesha McDonald under a federal law allowing challenges to detention. The petition was submitted without the required filing fee or an application to proceed without paying it.
The court ordered that the $5 filing fee or a completed application to proceed without paying the fee be submitted within 30 days. Kelly must also provide a current mailing address within 10 days. If the fee or application is not submitted on time, the action will be dismissed without prejudice.
Judge Jeannette A. Vargas also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith. The order did not decide the substance of the petition.
The detailed version
- Mcdonald v. Francis · No. 1:25-cv-09355
- Vargas
- Nov. 12, 2025
Background
Chattara Kelly, acting as next friend for Shawnet Nickesha McDonald, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. The opinion states that the petition was submitted without either the required $5 filing fee or an application to proceed in forma pauperis (IFP), meaning without paying the filing fee.
Court’s Order
The court ordered that, within 30 days of the order, the petitioner must submit either the $5 filing fee or a completed IFP application. The order provides instructions for submitting the fee and states that any fee or IFP application should include docket number 25-CV-09355 (JAV).
The court also ordered Chattara Kelly to submit a current mailing address by regular mail within 10 days to the Pro Se Intake Unit at the Daniel Patrick Moynihan Courthouse. The opinion does not state that Kelly provided a mailing address before this order.
Disposition
The court stated that if the petitioner fails to submit the filing fee or IFP application within the allowed 30-day period, the action will be dismissed without prejudice. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The order did not address the merits of the habeas petition. The next friend may request electronic receipt of court documents by completing the attached consent form.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.