Ansari v. United States of America
- Laura Swain
- 1:21-cv-04025
- U.S. District Court · Southern District of New York
- 2
In Ansari v. United States, Judge Swain gave Ansari 30 days to pay the filing fee or apply to proceed without prepayment.
Azizi Ansari, who must either pay the $5 filing fee or submit a signed application to proceed without prepayment within 30 days; failure to comply would result in dismissal of the action.
What happened
In Ansari v. United States of America, Azizi Ansari filed a petition identified by the court as a habeas petition without paying the required filing fee or submitting an application to proceed without prepayment. Judge Laura Taylor Swain issued an order addressing that omission.
The court required Ansari, within 30 days, either to pay the $5 filing fee or submit a signed application to proceed without prepayment. The court said no response from the United States was required at that time and directed the Clerk of Court to mail Ansari the order.
Judge Laura Taylor Swain stated that the case would proceed under the Clerk’s procedures if Ansari complied. If Ansari did not comply within the allowed time, the action would be dismissed. The court also denied permission to proceed without prepayment for any appeal from this order.
The detailed version
- Ansari v. United States of America · No. 1:21-cv-04025
- Laura Swain
- May 6, 2021
Background
Azizi Ansari, representing himself, filed a petition identified by the court as a petition for a writ of habeas corpus. He did not submit the $5 filing fee or an application requesting permission to proceed without paying fees in advance.
Court’s order
The court ordered Ansari to take one of two steps within 30 days of the order: pay the $5 filing fee or complete and submit a signed application to proceed without prepayment of fees. The court explained that, if it granted the application, Ansari could proceed without paying the fee in advance. The application was to identify docket number 21-CV-4025 (LTS).
The court directed the Clerk of Court to mail Ansari a copy of the order and record service on the docket. It stated that no answer from the defendants was required at that stage. If Ansari 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.
Disposition
Judge Laura Taylor Swain did not decide the underlying petition. The order addressed only the filing fee or fee-waiver application. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepayment of fees for an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.