Slater v. Keyser
- Katherine Failla
- 1:20-cv-03012
- U.S. District Court · Southern District of New York
- 4
In Slater v. Keyser, Judge Failla ordered Marvin Slater to pay $5 or submit an IFP application within two weeks, or the action will be dismissed.
Marvin Slater must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within two weeks; otherwise, the action will be dismissed.
What happened
In Slater v. Keyser, Marvin Slater filed a petition asking for a court order concerning his detention, without a lawyer. He did not include the required $5 filing fee or an application to proceed without paying the fee upfront.
The court ordered Slater, within two weeks, either to pay the $5 fee or submit a signed application explaining why he could not pay. The court said the action would be dismissed if he did not comply.
Judge Katherine Polk Failla also ruled that any appeal from the order would not be taken in good faith and denied permission to appeal without paying fees.
The detailed version
- Slater v. Keyser · No. 1:20-cv-03012
- Katherine Failla
- Apr. 17, 2020
Background
Marvin Slater, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion states that a petitioner must either pay a $5 filing fee or submit a signed application to proceed without prepaying fees, commonly called an IFP application.
Slater submitted the petition without the filing fee and without an IFP application.
Order
The court ordered Slater to do one of two things within two weeks of the order: pay the $5 filing fee or complete and submit the attached IFP application. If the court grants the application, Slater may proceed without paying the fee upfront. The court stated that the action will be dismissed if Slater does not comply within the allowed time.
The court also certified that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.
Disposition
Judge Katherine Polk Failla issued an order directing payment of the filing fee or submission of an IFP application. The opinion does not decide the substance of Slater's habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.