Rosario-Santiago v. Pliler
- John Cronan
- 1:21-cv-03202
- U.S. District Court · Southern District of New York
- 2
In Rosario-Santiago v. Pliler, Judge Swain ordered the petitioner to pay $5 or submit an application to proceed without prepaying fees.
Luis J. Rosario-Santiago, who was required to pay the filing fee or submit a fee-waiver application within 30 days; the action could be dismissed if he did not comply.
What happened
Rosario-Santiago v. Pliler is a habeas petition filed by Luis J. Rosario-Santiago without the required filing fee or an application to proceed without prepaying fees.
The court gave Rosario-Santiago 30 days to pay the $5 filing fee or submit a signed application. If he did not comply, the action would be dismissed; no response from the respondent was required at that time.
Judge Laura Taylor Swain directed the Clerk to mail the order, denied fee-free status for any appeal, and ordered that the case proceed under the Clerk’s procedures if Rosario-Santiago complied.
The detailed version
- Rosario-Santiago v. Pliler · No. 1:21-cv-03202
- John Cronan
- Apr. 15, 2021
Background
Luis J. Rosario-Santiago, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not address the substance of that petition. He submitted neither the required $5 filing fee nor a signed application to proceed without prepaying fees.
Order
The court ordered Rosario-Santiago, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. The application had to identify docket number 21-CV-3202 (LTS). If the court granted the application, Rosario-Santiago could proceed without prepaying fees.
The Clerk was directed to mail the order to Rosario-Santiago and record service on the docket. The court stated that no answer from the respondent was required at that time. If Rosario-Santiago complied, the case would be processed under the Clerk’s procedures; if he did not comply within the permitted time, the action would be dismissed.
Appeal and classification
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. This was an administrative and procedural order about the filing fee and fee-waiver application, not a decision on the habeas petition’s merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.