Kumar v. United States of America
- Laura Swain
- 1:22-cv-05533
- U.S. District Court · Southern District of New York
- 2
In Kumar v. United States, Judge Swain ordered Kumar to pay the filing fee or request permission to proceed without prepayment.
Suresh Kumar must either pay the filing fee or submit an application to proceed without prepayment within 30 days; otherwise, the action will be dismissed. The United States was not required to answer at this stage.
What happened
In Kumar v. United States of America, Suresh Kumar filed a petition in federal court without paying the required filing fee or submitting an application to proceed without prepayment.
The court gave Kumar 30 days to pay the $5 filing fee or submit a signed application showing that he could proceed without prepaying fees. No response from the United States was required at that time.
Judge Laura Taylor Swain ordered that the case would be processed if Kumar complied and would be dismissed if he did not. She also denied permission to proceed without prepaying fees for any appeal from the order.
The detailed version
- Kumar v. United States of America · No. 1:22-cv-05533
- Laura Swain
- June 30, 2022
Background
Suresh Kumar, who was representing himself, filed a petition for a writ of habeas corpus against the United States of America. He submitted the petition without the required $5 filing fee and without an application asking to proceed without prepaying court fees.
Order
The court ordered Kumar, 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. If the court grants that application, Kumar may proceed without paying the fee in advance. The application must include docket number 22-CV-5533.
The court stated that no answer from the United States was required at that time. If Kumar complies with the order, the Clerk’s Office will process the case under its procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal
Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.