Botero v. Shannon
- Laura Swain
- 1:22-cv-03017
- U.S. District Court · Southern District of New York
- 2
In Botero v. Shannon, Judge Swain ordered Botero to pay the filing fee or submit an IFP application within 30 days.
Camilo Botero, the petitioner proceeding without a lawyer, must either pay the filing fee or submit an IFP application within 30 days to avoid dismissal of the action.
What happened
In Botero v. Shannon, Camilo Botero filed a petition asking for habeas relief without paying the $5 filing fee or submitting an application to proceed without paying upfront court fees.
The court gave Botero 30 days to pay the fee or submit a signed application to proceed without prepayment. If he does neither, the action will be dismissed; no response from Shannon is required at this stage.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the underlying habeas petition.
The detailed version
- Botero v. Shannon · No. 1:22-cv-03017
- Laura Swain
- Apr. 13, 2022
Background
Camilo Botero, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion states that he submitted the petition without paying the required $5 filing fee and without submitting an application to proceed in forma pauperis (IFP), meaning without prepaying court fees.
Order
The court ordered Botero, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached signed IFP application. If he submits the application, it must include docket number 22-CV-3017 (LTS). If the court grants the application, Botero may proceed without prepaying fees.
No answer from the respondent was required at that time. If Botero complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the permitted time, the action will be dismissed.
Appeal-related ruling
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. Judge Laura Taylor Swain did not decide the merits of Botero’s habeas petition in this order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.