Kumar v. United States
- Laura Swain
- 1:22-cv-04874
- U.S. District Court · Southern District of New York
- 2
In Kumar v. United States, Judge Swain ordered Suresh Kumar to pay the filing fee or submit a fee-waiver application within 30 days.
Suresh Kumar, the self-represented petitioner, was required to pay the filing fee or submit an application to proceed without prepaying fees.
What happened
In Kumar v. United States, Suresh Kumar, who was representing himself, filed a petition for a writ of habeas corpus without paying the $5 filing fee or submitting an application to proceed without prepaying fees.
The court gave Kumar 30 days to pay the fee or submit a signed application. No response from the United States was required at that time. If Kumar did not comply, the court stated that the petition would be denied.
Judge Laura Taylor Swain also ruled that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the substance of Kumar’s petition.
The detailed version
- Kumar v. United States · No. 1:22-cv-04874
- Laura Swain
- June 13, 2022
Background
Suresh Kumar filed a petition for a writ of habeas corpus while proceeding without a lawyer. The petition was submitted without the required $5 filing fee and without an application to proceed in forma pauperis, meaning without prepaying court fees.
Court’s Order
The court directed Kumar, within 30 days of the order, to either pay the $5 filing fee or complete and submit a signed application to proceed without prepaying fees. If the court granted the application, Kumar would be allowed to proceed without prepaying the filing fee. The application was to include docket number 1:22-CV-4874 (LTS).
The court stated that no answer from the United States was required at that time. If Kumar complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the allowed period, the petition would be denied.
Appeal and Effect
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order addressed filing requirements and did not resolve the substance of Kumar’s habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.