Alcantara v. Keyser
- Edgardo Ramos
- 1:20-cv-03079
- U.S. District Court · Southern District of New York
- 4
In Alcantara v. Keyser, Judge Ramos ordered Quiry Alcantara to pay the $5 filing fee or submit an application to proceed without prepaying it.
Quiry Alcantara must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days. The petition may be denied if Alcantara does not comply, and permission to proceed without prepaying fees on appeal was denied.
What happened
Alcantara v. Keyser is a habeas case brought by Quiry Alcantara without a lawyer. The petition was filed without the required $5 filing fee or an application to avoid prepaying court fees.
The court gave Alcantara 30 days from April 21, 2020, to pay the fee or submit a signed application showing an inability to pay. The court said no response from Keyser was required at that time and warned that it would deny the petition if Alcantara did not comply.
Judge Edgardo Ramos issued the order. He also ruled 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 decide the underlying habeas petition.
The detailed version
- Alcantara v. Keyser · No. 1:20-cv-03079
- Edgardo Ramos
- Apr. 21, 2020
Background
Quiry Alcantara, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not describe the facts underlying the petition or the specific relief Alcantara seeks. Alcantara submitted the petition without paying the $5 filing fee and without submitting an application to proceed without prepaying fees.
Order
The court directed Alcantara, within 30 days of the order, to do one of two things: pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. The application had to be signed and labeled with docket number 1:20-CV-3079 (ER). If the court granted the application, Alcantara would be allowed to proceed without prepaying the filing fee.
The court stated that no answer from Keyser was required at that time. It also stated that, if Alcantara failed to comply within the allowed period, the court would deny the petition.
Appeal-related ruling
Under 28 U.S.C. § 1915(a)(3), the court certified that an appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without prepaying fees for purposes of an appeal.
Disposition
The court ordered Alcantara to pay the filing fee or submit an application to proceed without prepaying fees. The opinion did not rule on the merits of the habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.