Fredricks v. Hallett
- Laura Swain
- 1:21-cv-03690
- U.S. District Court · Southern District of New York
- 2
In Fredricks v. Hallet, Judge Swain ordered the petitioner to pay $5 or submit an IFP application within 30 days.
Nigel Fredricks, the self-represented petitioner, must pay the filing fee or submit an application to proceed without prepayment within 30 days to avoid dismissal of the action.
What happened
In Fredricks v. Hallet, Nigel Fredricks filed a habeas petition without paying the filing fee or submitting an application to proceed without prepayment of fees.
The court ordered Fredricks, within 30 days, either to pay the $5 filing fee or submit a signed application to proceed without prepayment. The court said the case would be processed if he complied and would be dismissed if he did not.
Judge Laura Taylor Swain also said that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. No answer was required at that time.
The detailed version
- Fredricks v. Hallett · No. 1:21-cv-03690
- Laura Swain
- Apr. 27, 2021
Background Nigel Fredricks, who was representing himself, filed a petition for a writ of habeas corpus. The opinion states that he submitted the petition without the required $5 filing fee and without an application to proceed without prepayment of fees.
Order The court ordered Fredricks to take one of two actions within 30 days of the order: pay the $5 filing fee or complete and submit a signed application to proceed without prepayment of fees. If the court granted the application, Fredricks could proceed without paying the fee in advance. The Clerk of Court was directed to mail him the order and record service on the docket. The court stated that no answer was required at that time, that the case would be processed if Fredricks complied, and that the action would be dismissed if he failed to comply within the allowed time.
Additional ruling and disposition The court certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Laura Taylor Swain signed the order. The opinion does not state that the action was dismissed at that time.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.