Poledore v. Lamanna
- Andrew Carter
- 1:22-cv-04861
- U.S. District Court · Southern District of New York
- 2
In Poledore v. Lamanna, Judge Swain ordered payment of $5 or a fee-waiver application and denied fee-free status for an appeal.
Born Poledore, the self-represented petitioner, must either pay the $5 filing fee or submit a signed fee-waiver application within 30 days to avoid dismissal of the action. A. Lamanna was not required to answer at that time.
What happened
In Poledore v. Lamanna, Born Poledore, who was incarcerated and representing himself, filed a petition asking the court to review his detention. The petition was submitted without the required filing fee or an application to waive that fee.
The court gave Poledore 30 days to either pay the $5 filing fee or submit a signed application to proceed without paying it upfront. The court said no response from the respondent was required at that time and warned that the case would be dismissed if Poledore did not comply.
Judge Laura Taylor Swain ordered these filing steps and stated that any appeal from the order could not proceed without payment of appeal-related fees. The order did not decide the petition’s underlying claims.
The detailed version
- Poledore v. Lamanna · No. 1:22-cv-04861
- Andrew Carter
- June 14, 2022
Background
Born Poledore, who is incarcerated at Five Points Correctional Facility and is proceeding without a lawyer, filed a petition for a writ of habeas corpus. A habeas petition asks a court to review the legality of a person’s custody or detention. The petition did not include the $5 filing fee or a signed application to proceed without prepaying the fee.
Order
The court directed Poledore, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached application to proceed without prepayment of fees. The application was to include docket number 22-CV-4861 (LTS). The court explained that, if the application were granted, Poledore could proceed without prepaying fees.
The court stated that no answer from A. Lamanna was required at that time. If Poledore complied, the case would be processed under the Clerk’s Office procedures. If Poledore failed to comply within the allowed time, the action would be dismissed.
Appeal-fee ruling
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not address the merits of Poledore’s habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.