Garcia v. Collado
- Andrew Carter
- 1:21-cv-07879
- U.S. District Court · Southern District of New York
- 2
In Garcia v. Collado, Judge Swain ordered the petitioner to pay the fee or seek fee-free status within 30 days, or face dismissal.
Pablo Garcia was required to pay the $5 filing fee or submit a signed application to proceed without prepayment within 30 days; otherwise, his action would be dismissed. J. Collado was not required to answer at that time.
What happened
In Garcia v. Collado, Pablo Garcia, representing himself, filed a petition asking for habeas relief against J. Collado without paying the $5 filing fee or submitting an application to proceed without prepaying fees.
The court gave Garcia 30 days to pay the fee or submit a signed application for permission to proceed without prepayment. The court said the case would be processed if he complied and would be dismissed if he did not. The court also said that no response from J. Collado was required at that time.
Judge Laura Taylor Swain issued the order directing payment or a fee application and denied permission to proceed without prepayment for any appeal from the order.
The detailed version
- Garcia v. Collado · No. 1:21-cv-07879
- Andrew Carter
- Sept. 22, 2021
Background
Pablo Garcia filed a petition for a writ of habeas corpus, a request for court review of a person's detention or custody. He was proceeding without a lawyer. Garcia submitted the petition without paying the required $5 filing fee and without submitting an application to proceed without prepayment of fees.
Order
The court ordered Garcia, within 30 days of the order, to do one of two things: pay the $5 filing fee or complete and submit a signed application asking to proceed without prepayment. If the court granted that application, Garcia could proceed without paying the fee in advance. The application was to identify docket number 21-CV-7879 (LTS).
The court directed the Clerk of Court to mail the order to Garcia and record service on the docket. No answer from J. Collado was required at that stage. The order stated that the case would be processed under the Clerk's Office procedures if Garcia complied, but that the action would be dismissed if he did not comply within the allowed time.
Disposition
Judge Laura Taylor Swain 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. The order did not decide the substance of Garcia's habeas petition.
Judge information
The supplied case metadata lists Andrew Carter as the judge, but the opinion is signed by Laura Taylor Swain, Chief United States District Judge. This summary identifies Laura Taylor Swain as the judge because she signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.