Sandy v. Barometre
- Nelson Roman
- 7:21-cv-03099
- U.S. District Court · Southern District of New York
- 2
In Sandy v. Barometre, Judge Swain ordered Kester Sandy to pay the $5 filing fee or apply to proceed without prepayment within 30 days.
Kester Sandy must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days; otherwise, his action will be dismissed. Delta Barometre was not required to answer at this stage.
What happened
In Sandy v. Barometre, Kester Sandy filed a petition challenging his detention but did not pay the $5 filing fee or submit an application to proceed without prepaying fees.
The court gave Sandy 30 days to pay the fee or submit a signed application. If he does not comply, the action will be dismissed. The court also said that no response from the respondent was required at that time.
Judge Swain issued the order directing payment of the fee or submission of the application. The court denied permission to proceed without prepaying fees for any appeal from this order, finding that such an appeal would not be taken in good faith.
The detailed version
- Sandy v. Barometre · No. 7:21-cv-03099
- Nelson Roman
- May 6, 2021
Background
Kester Sandy, representing himself, filed a petition for a writ of habeas corpus. The opinion states that he submitted the petition without paying the $5 filing fee and without submitting an application to proceed without prepaying fees.
Order
The court ordered Sandy, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached application to proceed without prepayment of fees. The application was to identify docket number 21-CV-3099 (LTS). If the court grants the application, Sandy may proceed without prepaying the filing fee.
The clerk was directed to mail the order to Sandy and record service on the docket. The court stated that no answer was required at that time and that the case would be processed under the clerk's procedures if Sandy complied. If he failed to comply within the allowed time, the action would be dismissed.
Disposition
The court directed Sandy to pay the filing fee or submit the required application; it did not decide the substance of his habeas petition. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order was signed by Chief United States District Judge Laura Taylor Swain on May 6, 2021.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.