Garcia v. Vance
- Laura Swain
- 1:22-cv-01157
- U.S. District Court · Southern District of New York
- 2
In Garcia v. Vance, Judge Swain ordered the pro se petitioner to pay the filing fee or submit an IFP application.
Joseph Garcia, who was required to pay the filing fee or submit an application to proceed without prepaying fees; the respondents were not required to answer at that time.
What happened
In Garcia v. Vance, Joseph Garcia filed a petition for a writ of habeas corpus without paying the $5 filing fee or submitting an application to proceed without prepaying court fees.
The court gave Garcia 30 days to pay the fee or submit a signed application. No answer from the respondents was required at that time, and the court stated that the action would be dismissed if Garcia did not comply.
Judge Swain also ruled that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not decide the habeas petition itself.
The detailed version
- Garcia v. Vance · No. 1:22-cv-01157
- Laura Swain
- Feb. 11, 2022
Background
Joseph Garcia, proceeding without a lawyer, filed a petition for a writ of habeas corpus against Cyrus R. Vance Jr. and other respondents. Garcia did not submit the required $5 filing fee or an application to proceed in forma pauperis, meaning without prepaying court fees.
Order
The court ordered Garcia, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached signed application to proceed without prepaying fees. The application was to identify docket number 22-CV-1157 (LTS). The court explained that, if the application were granted, Garcia could proceed without prepaying the fees.
The court stated that no answer from the respondents was required at that time. If Garcia complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the allowed time, the action would be dismissed.
Disposition
The court certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order addressed only the filing-fee or fee-waiver requirement; it did not decide the substance of Garcia’s habeas petition. Judge Laura Taylor Swain signed the order as Chief United States District Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.