Ford v. Pliler
- Analisa Torres
- 1:21-cv-01470
- U.S. District Court · Southern District of New York
- 2
In Ford v. Pliler, Judge McMahon ordered Kelvin Ford to pay the filing fee or submit an IFP application before processing his habeas petition.
Kelvin Ford, who must pay the filing fee or submit an application to proceed without prepaying fees within 30 days to avoid dismissal of the action.
What happened
In Ford v. Pliler, Kelvin Ford filed a habeas petition without paying the required $5 filing fee or submitting an application to proceed without prepaying fees.
The court gave Ford 30 days to pay the fee or submit a signed fee-waiver application labeled with the case number. The court said no response from the respondent was required at that time and warned that the action would be dismissed if Ford did not comply.
Chief Judge Colleen McMahon issued the order. The court also denied fee-waiver status for any appeal, finding that an appeal would not be taken in good faith. The order did not decide the merits of Ford’s habeas petition.
The detailed version
- Ford v. Pliler · No. 1:21-cv-01470
- Analisa Torres
- Feb. 19, 2021
Background
Kelvin Ford, representing himself, filed a petition seeking habeas relief. He did not pay the required $5 filing fee and did not submit an application to proceed without prepaying fees.
Order
The court ordered Ford, within 30 days, to do one of two things: pay the $5 filing fee or complete and submit the attached application to proceed without prepayment of fees. The court explained that, if the application were granted, Ford could proceed without paying the fee in advance. The application was to identify docket number 21-CV-1470 (CM).
The Clerk of Court was directed to mail Ford a copy of the order and record service on the docket. The court stated that no answer from the respondent was required at that time. If Ford complied, the case would be processed under the Clerk’s Office procedures; if he did not comply within the allowed time, the action would be dismissed.
Appeal and effect
The court certified under federal law that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order addressed filing requirements only; it did not decide whether Ford was entitled to habeas relief. Chief Judge Colleen McMahon signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.