Wentzel v. Pliler
- Kenneth Karas
- 7:22-cv-02325
- U.S. District Court · Southern District of New York
- 2
In Wentzel v. Pliler, Judge Swain ordered the petitioner to pay the filing fee or request permission to proceed without prepayment.
Philip H. Wentzel, the petitioner proceeding without a lawyer, was required to pay the filing fee or submit an application to proceed without prepayment. The action could be dismissed if he did not comply.
What happened
In Wentzel v. Pliler, Philip H. Wentzel filed a petition asking for habeas corpus relief without a lawyer. He did not pay the required $5 filing fee or submit an application to proceed without prepaying court fees.
The court gave Wentzel 30 days to pay the fee or submit a signed application showing that he seeks permission to proceed without prepayment. No response from the respondent was required at that time. The court stated that the action would be dismissed if Wentzel did not comply.
Chief Judge Laura Taylor Swain issued the order on April 1, 2022. She also denied permission to proceed without prepayment for any appeal from the order, finding that an appeal would not be taken in good faith.
The detailed version
- Wentzel v. Pliler · No. 7:22-cv-02325
- Kenneth Karas
- Apr. 1, 2022
Background
Philip H. Wentzel, proceeding without a lawyer, filed a petition for a writ of habeas corpus, a court request challenging the legality of a person’s custody or detention. He submitted the petition without paying the $5 filing fee and without submitting an application to proceed in forma pauperis, meaning without prepaying court fees.
Order
The court directed Wentzel, within 30 days of the order, to do one of two things: pay the $5 filing fee or complete and submit the attached application to proceed without prepayment. The application had to identify docket number 22-CV-2325 (LTS). The court explained that, if it granted the application, Wentzel could proceed without prepaying the fee.
The court stated that no answer from the respondent was required at that stage. If Wentzel complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the permitted time, the action would be dismissed.
Appeal and disposition
Chief Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and therefore denied permission to proceed without prepayment for purposes of an appeal. This order addressed the filing fee or fee-waiver requirement; it did not decide the underlying habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.