Figueroa v. Keyser
- John Koeltl
- 1:20-cv-03013
- U.S. District Court · Southern District of New York
- 4
In Figueroa v. Keyser, Judge Koeltl ordered payment of the filing fee or submission of an IFP application within two weeks.
William Figueroa, whose petition could be dismissed if he did not pay the $5 filing fee or submit the required application within two weeks.
What happened
In Figueroa v. Keyser, William Figueroa, representing himself, filed a petition without paying the required filing fee or submitting an application to proceed without prepaying fees.
The court gave Figueroa two weeks from April 20, 2020, to pay the $5 filing fee or submit a signed application. If he did not comply, the court said it would dismiss the action.
Judge John G. Koeltl also ruled that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the petition’s underlying claims.
The detailed version
- Figueroa v. Keyser · No. 1:20-cv-03013
- John Koeltl
- Apr. 20, 2020
Background
William Figueroa, proceeding without a lawyer, filed a petition for habeas corpus relief in the Southern District of New York. The opinion states that he submitted the petition without either the required $5 filing fee or an application to proceed without prepaying fees.
Order
The court ordered Figueroa, within two weeks of April 20, 2020, to do one of two things: pay the $5 filing fee or complete and submit the provided application to proceed without prepaying fees. If the court granted the application, Figueroa could proceed without paying the fee in advance. The application was to identify docket number 20-CV-3013 (JGK).
The court stated that, if Figueroa complied, the Clerk’s Office would process the case under its procedures. If he failed to comply within the permitted time, the court would dismiss the action.
Appeal ruling
Judge John G. Koeltl certified that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order addressed filing requirements and did not reach the merits of Figueroa’s petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.