Torres v. Francis
- Andrew Carter
- 1:25-cv-09573
- U.S. District Court · Southern District of New York
- 3
In Jordan Anthony Tamay Torres v. LaDeon Francis, Judge Carter ordered payment of the filing fee or an application to proceed without prepayment.
Jordan Anthony Tamay Torres and Josselyn Andrea Duque Infante, who were ordered to pay the filing fee or submit an IFP application; the opinion does not resolve the claims against the respondents.
What happened
Jordan Anthony Tamay Torres filed a petition asking for a court order concerning his detention, through Josselyn Andrea Duque Infante, who is representing him without a lawyer. Neither paid the required $5 filing fee nor submitted an application to proceed without prepaying court fees.
The court ordered Torres or Infante, within 30 days, to pay the $5 fee or submit a completed and signed application to proceed without prepayment. If they do neither and do not request more time, the court said it will dismiss the case. The order did not decide the petition itself.
Judge Andrew L. Carter, Jr. also said that no certificate allowing an appeal would issue and denied permission to proceed without prepaying fees for an appeal.
The detailed version
- Torres v. Francis · No. 1:25-cv-09573
- Andrew Carter
- Nov. 24, 2025
Background
Jordan Anthony Tamay Torres filed a petition for a writ of habeas corpus through his next friend, Josselyn Andrea Duque Infante. The opinion identifies Infante as proceeding without a lawyer. To proceed with the petition, the court required either payment of a $5 filing fee or a completed and signed application to proceed without prepaying fees, commonly called an IFP application. At filing, neither Torres nor Infante paid the fee or filed the application.
Order
The court directed Torres or Infante to pay the $5 filing fee or submit a completed and signed IFP application within 30 days of the order. The application was to identify docket number 25-CV-9573 (ALC). The court stated that, if the application were granted, the action could proceed without prepayment of fees. It also stated that if Torres or Infante failed to comply and did not request additional time, the court would dismiss the action.
Appeal and disposition
The court said that, at that time, the petition did not make a substantial showing that a constitutional right had been denied, so a certificate of appealability would not issue. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not reach the merits of Torres's habeas petition.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.