Reyes v. United States
- Nelson Roman
- 7:22-cv-06064
- U.S. District Court · Southern District of New York
- 2
In Reyes v. United States, Judge Swain ordered Kennedy Reyes to pay the filing fee or submit an IFP application within 30 days.
Kennedy Reyes, the self-represented petitioner, must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days. The United States was not required to respond at this stage.
What happened
In Kennedy Reyes v. United States of America, Reyes filed a habeas petition without paying the $5 filing fee or submitting an application to proceed without prepaying fees.
The court ordered Reyes to pay the fee or submit a signed application within 30 days. The court said no response from the United States was required yet and warned that the case would be dismissed if Reyes did not comply.
Judge Laura Taylor Swain also denied permission to appeal without prepaying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Reyes v. United States · No. 7:22-cv-06064
- Nelson Roman
- July 19, 2022
Background
Kennedy Reyes, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not decide the petition’s underlying claims. Reyes submitted the petition without the required $5 filing fee and without an application to proceed in forma pauperis, meaning without prepaying court fees.
Order
The court ordered Reyes, 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 grants the application, Reyes may proceed without paying the fee in advance. The application should include docket number 22-CV-6064 (LTS).
The court stated that the United States did not need to respond at that time. If Reyes complies, the case will be processed under the Clerk’s Office procedures. If Reyes does not comply within the allowed time, the action will be dismissed.
Appeal-related ruling
Judge Laura Taylor Swain certified that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not rule on the merits of Reyes’s habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.