Dov v. Warden
- Sarah Cave
- 1:21-cv-08570
- U.S. District Court · Southern District of New York
- 2
In Dov v. Warden, Judge Swain ordered a signed petition and $5 fee or fee-waiver application within 30 days.
Shayeh Dov, the self-represented petitioner; the order also concerns the Warden as respondent because it sets filing requirements before a response is required.
What happened
In Dov v. Warden, Shayeh Dov filed a petition asking for habeas relief but did not sign the petition or pay the filing fee. Dov was representing themself.
The court ordered Dov, within 30 days, to submit an original signature and either pay the $5 filing fee or submit an application to proceed without paying the fee in advance. No response from the Warden was required at that time. The court warned that the action would be dismissed if Dov did not comply.
Judge Laura Taylor Swain issued the order. She also ruled that an appeal from the order could not proceed without paying the appeal fees because it would not be taken in good faith.
The detailed version
- Dov v. Warden · No. 1:21-cv-08570
- Sarah Cave
- Oct. 21, 2021
Background
Shayeh Dov, who was representing themself, filed a petition for habeas relief. The petition did not include Dov's original signature. Dov also did not pay the $5 filing fee or submit an application to proceed without paying court fees in advance, commonly called an IFP application.
Order
The court directed Dov to take both of the following steps within 30 days of the order:
1. Resubmit the petition's signature page with an original signature; and 2. Either pay the $5 filing fee or complete and submit the attached IFP application.
The court stated that, if it grants the IFP application, Dov may proceed without paying the filing fee in advance. The court also stated that no answer from the Warden was required at that time and that the case would be processed under the Clerk's Office procedures if Dov complied. If Dov failed to comply within the allowed time, the action would be dismissed.
Other Rulings
The court certified that any appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal. The Clerk of Court was directed to mail Dov a copy of the order and record service on the docket. Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.