Azeez v. John/Jane Doe
- Kenneth Karas
- 7:22-cv-06028
- U.S. District Court · Southern District of New York
- 2
Azeez v. John/Jane Doe: Judge Swain ordered a $5 fee or IFP application within 30 days, warning of dismissal for noncompliance.
Abdool Azeez, whose petition could be dismissed if he did not pay the filing fee or submit the required application within 30 days.
What happened
In Azeez v. John/Jane Doe, Abdool Azeez filed a petition asking the court for habeas relief without paying the filing fee or submitting an application to proceed without prepaying fees.
The court gave Azeez 30 days to pay the $5 filing fee or submit a signed application to proceed without prepaying fees. The court said no response from the respondent was required at that time.
Judge Laura Taylor Swain ordered that the case would be processed if Azeez complied and would be dismissed if he did not. She also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Azeez v. John/Jane Doe · No. 7:22-cv-06028
- Kenneth Karas
- July 20, 2022
Background
Abdool Azeez, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not describe the underlying custody claim. Azeez submitted the petition without paying the $5 filing fee and without submitting an application to proceed in forma pauperis (without prepaying court fees).
Order
The court ordered Azeez, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. The application was to include docket number 22-CV-6028 (LTS). The court explained that, if the application were granted, Azeez could proceed without prepaying the filing fee.
The court stated that no answer from the respondent was required at that time. If Azeez complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the permitted time, the action would be dismissed.
Appeal-related ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
Judge
The order was signed by Laura Taylor Swain, Chief United States District Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.