Arnold v. Superintendent of Upstate Correctional Facility
- Lorna Schofield
- 1:21-cv-10423
- U.S. District Court · Southern District of New York
- 2
Arnold v. Superintendent: Judge Swain ordered Tarrek Arnold to pay the fee or apply to proceed without prepayment.
Tarrek Arnold, who was required to pay the filing fee or submit an application to proceed without prepayment within 30 days; the case could be dismissed if he did not comply.
What happened
In Tarrek Arnold v. Superintendent, Arnold filed a petition challenging his detention but did not pay the required filing fee or submit an application to proceed without prepayment.
The court gave Arnold 30 days to pay the $5 filing fee or submit a signed application to proceed without prepayment. No response from the respondent was required at that time, and the court warned that the case would be dismissed if Arnold did not comply.
Judge Laura Taylor Swain directed the Clerk to mail the order to Arnold and denied permission to appeal without prepaying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Arnold v. Superintendent of Upstate Correctional Facility · No. 1:21-cv-10423
- Lorna Schofield
- Dec. 7, 2021
Background
Tarrek Arnold, 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 prepayment of fees.
Court’s Order
The court ordered Arnold, within 30 days of the order, either to pay the $5 filing fee or complete and submit the attached application to proceed without prepayment. If the application were granted, Arnold would be allowed to proceed without paying the fee in advance. The application was to identify docket number 21-CV-10423 (LTS).
The court directed the Clerk of Court to mail Arnold a copy of the order and record service on the docket. No answer from the respondent was required at that stage. The court stated that the case would be processed under the Clerk’s procedures if Arnold complied and would be dismissed if he failed to comply within the allowed time.
Appeal and Effect
The court certified that an 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. This order addressed the filing-fee or fee-waiver requirement and did not decide the substance of Arnold’s habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.