Rivera v. State of N.Y.
- Laura Swain
- 1:22-cv-06328
- U.S. District Court · Southern District of New York
- 2
In Rivera v. State of N.Y., Chief Judge Swain ordered Rivera to pay the filing fee or request a fee waiver.
William Rivera must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days, or the action will be dismissed. The State of N.Y. was not required to answer at this stage.
What happened
William Rivera filed Rivera v. State of N.Y., a petition asking for release or other relief through a federal detention challenge, without paying the required filing fee or submitting a fee-waiver application.
The court ordered Rivera, who was representing himself, to pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days. The court said the action will be dismissed if he does not comply, and no response from the State was required at this time.
Chief Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied fee-waiver status for an appeal. The order did not decide the petition’s underlying claims.
The detailed version
- Rivera v. State of N.Y. · No. 1:22-cv-06328
- Laura Swain
- July 27, 2022
Background
William Rivera, proceeding without a lawyer, filed a petition for a writ of habeas corpus, a request for federal relief from allegedly unlawful custody or detention. The opinion does not describe the underlying claims. Rivera submitted the petition without the required $5 filing fee and without an application asking to proceed without prepaying fees.
Order
The court directed Rivera, within 30 days of the order, to either pay the $5 filing fee or complete and submit a signed application to proceed in forma pauperis, meaning without prepaying court fees. The application was to identify docket number 22-CV-6328 (LTS). If the court grants that application, Rivera may proceed without prepaying fees.
The court stated that no answer from the State of N.Y. was required at that time. If Rivera complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed.
Additional ruling
Chief United States District Judge Laura Taylor Swain 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 addressed filing requirements and did not reach the merits of Rivera’s petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.