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S.D.N.Y.Procedural orderFiled Apr. 17, 2020

Sanchez v. Keyser

Judge
Ronnie Abrams
Docket
1:20-cv-03070
Court
U.S. District Court · Southern District of New York
Pages
4
HabeasPro SeCivil Procedure
In one sentence

In Sanchez v. Keyser, Judge Abrams ordered Felix Sanchez to pay the filing fee or apply to proceed without prepayment.

Who this affects

Felix Sanchez, who was ordered to pay the $5.00 filing fee or submit an application to proceed without prepaying fees; failure to comply could result in dismissal of the action.

What happened

Felix Sanchez filed a petition in Sanchez v. Keyser without paying the required $5 filing fee or submitting an application to proceed without prepaying fees. He was representing himself.

The court ordered Sanchez, within two weeks, either to pay the fee or submit a signed application showing that he cannot afford it. The court said the action will be dismissed if he does not comply.

Judge Ronnie Abrams also denied permission to appeal without prepaying fees, certifying that an appeal would not be taken in good faith. The order did not decide the substance of Sanchez’s petition.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Sanchez v. Keyser · No. 1:20-cv-03070
Judge
Ronnie Abrams
Date
Apr. 17, 2020

Background

Felix Sanchez, proceeding without a lawyer, filed a petition for a writ of habeas corpus, a legal procedure used to seek judicial review of custody or detention. He submitted the petition without the required $5.00 filing fee and without an application to proceed without prepaying fees, commonly called an IFP application.

Order

The court ordered Sanchez, within two weeks of April 17, 2020, to do one of two things: pay the $5.00 filing fee, or complete and submit the attached signed IFP application. The court explained that, if it granted the application, Sanchez could proceed without paying the fee in advance. The Clerk of Court was directed to mail the order to Sanchez and record service on the docket.

The court stated that the action would be dismissed if Sanchez failed to 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. The order did not address the merits of Sanchez’s petition.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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