El-Amin v. People of the State of New York
- Andrew Carter
- 1:22-cv-01710
- U.S. District Court · Southern District of New York
- 2
El-Amin v. People of New York: Chief Judge Swain ordered payment of the fee or an application to proceed without prepayment.
Bayna Lehkiem El-Amin, the petitioner proceeding without a lawyer, was required to pay the filing fee or submit an application to proceed without prepaying fees.
What happened
In El-Amin v. People of the State of New York, Bayna Lehkiem El-Amin filed a petition asking for federal habeas relief but did not submit the required $5 filing fee or a signed application to proceed without prepaying court fees.
The court gave El-Amin 30 days to pay the fee or submit the application. The court said no response from the State was required yet and warned that the action would be dismissed if El-Amin did not comply.
Chief United States District Judge Laura Taylor Swain issued the order. She also denied permission to appeal without prepaying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- El-Amin v. People of the State of New York · No. 1:22-cv-01710
- Andrew Carter
- Mar. 8, 2022
Background
Bayna Lehkiem El-Amin, who was proceeding without a lawyer, filed a petition for a writ of habeas corpus. The petition was submitted without the required $5 filing fee or a signed application to proceed in forma pauperis, meaning without prepaying court fees. The opinion states that El-Amin attached a disbursement request showing that the fee had been requested, but the court had not received the payment as of the order’s date.
Order
The court ordered El-Amin, within 30 days, either to pay the $5 filing fee or complete and submit the attached application to proceed without prepayment of fees. If the application were granted, El-Amin could proceed without paying the fee in advance. The court stated that no answer from the respondent was required at that time and that the case would be processed under the Clerk’s Office procedures if El-Amin complied.
The court warned that the action would be dismissed if El-Amin failed to comply within the allowed time. This order did not decide the substance of the habeas petition. Judge Laura Taylor Swain also certified that any appeal from the order would not be taken in good faith and denied in forma pauperis status for purposes of an appeal. The Clerk was directed to mail the order to El-Amin and record service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.