Rivera v. Lilley
- Nelson Roman
- 7:22-cv-03794
- U.S. District Court · Southern District of New York
- 2
In Rivera v. Lilley, Judge Swain ordered Carmelo Rivera to pay the filing fee or submit an application to proceed without prepayment.
Carmelo Rivera must either pay the $5 filing fee or submit a signed application to proceed without prepayment within 30 days. If he does not comply, his action will be dismissed without prejudice. The order also denied permission to appeal without prepaying fees.
What happened
In Rivera v. Lilley, Carmelo Rivera filed a petition for a writ of habeas corpus without paying the $5 filing fee or submitting an application to proceed without prepayment of fees.
The court gave Rivera 30 days to pay the fee or submit a signed application. The court did not require a response from the respondent at this time.
Judge Swain ordered that the case would proceed if Rivera complied, but would be dismissed without prejudice if he did not. The court also denied permission to appeal without prepaying fees because it certified that any appeal would not be taken in good faith.
The detailed version
- Rivera v. Lilley · No. 7:22-cv-03794
- Nelson Roman
- May 11, 2022
Background
Carmelo Rivera, who was proceeding without a lawyer, filed a petition for a writ of habeas corpus. He did not submit the $5 filing fee or an application to proceed without prepaying court fees.
Order
The court ordered Rivera, within 30 days, to either pay the $5 filing fee or complete and submit a signed application to proceed without prepayment of fees. If the court grants the application, Rivera may proceed without prepaying the filing fee. The application must identify docket number 22-CV-3794 (LTS).
The court stated that no response from Superintendent Lilley was required at that time. If Rivera complies with the order, the case will be processed under the court clerk's procedures. If he does not comply within the allowed time, the action will be dismissed without prejudice, meaning the order does not state that refiling would be barred.
Appeal-related ruling
The court certified that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.
Disposition and significance
This order addressed the filing fee and fee-waiver application, not the underlying habeas petition. The opinion does not decide whether Rivera is entitled to habeas relief.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.