Tashbook v. Petrucci
- Kenneth Karas
- 7:20-cv-05318
- U.S. District Court · Southern District of New York
- 4
In Tashbook v. Petrucci, Judge Karas ordered the pro se petitioner to pay $5 or submit an IFP application within two weeks.
Robert Tashbook was required to pay the $5 filing fee or submit a signed application to proceed without prepaying fees; Warden James Petrucci was the respondent.
What happened
In Tashbook v. Petrucci, Robert Tashbook filed a habeas petition without paying the $5 filing fee or submitting an application to proceed without prepaying fees.
The court ordered him, within two weeks of the order, to either pay the fee or submit a signed application. If he did not comply, the action would be dismissed.
Judge Kenneth M. Karas also ruled that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the habeas petition's underlying claims.
The detailed version
- Tashbook v. Petrucci · No. 7:20-cv-05318
- Kenneth Karas
- July 23, 2020
Background
Robert Tashbook, proceeding without a lawyer, filed a petition for a writ of habeas corpus against Warden James Petrucci. The petition was submitted without the $5 filing fee and without an application to proceed without prepaying fees.
Court’s Analysis
The court explained that a person filing a habeas petition must either pay the $5 filing fee or submit a signed application requesting permission to proceed without prepaying fees. The court noted that a prison trust-fund account statement was not required for this application.
Order
The court ordered Tashbook to pay the filing fee or complete and submit the attached application within two weeks of the order. If he submitted the application and the court granted it, he could proceed without prepaying fees. The court directed the Clerk of Court to mail him a copy of the order and record service on the docket.
The court stated that failure to comply within the allowed time would result in dismissal of the action. The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not address the merits of Tashbook’s habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.