Gallicchio v. Unknown Acting Warden
- Ronnie Abrams
- 1:22-cv-06643
- U.S. District Court · Southern District of New York
- 2
In Gallicchio v. Unknown Acting Warden, Judge Swain ordered payment or an application to proceed without paying within 30 days.
Vito Gallicchio, who must pay the filing fee or submit the required application within 30 days to avoid dismissal of the action.
What happened
In Gallicchio v. Unknown Acting Warden, Vito Gallicchio filed a petition for a court order concerning his custody, but did not pay the $5 filing fee or submit an application to proceed without paying it.
The court gave Gallicchio 30 days to pay the fee or submit a signed application. No response from the respondent was required yet; if Gallicchio complied, the case would be processed, but if he did not, the action would be dismissed.
Judge Swain also ruled that an appeal from this order would not be taken in good faith and denied permission to appeal without paying fees.
The detailed version
- Gallicchio v. Unknown Acting Warden · No. 1:22-cv-06643
- Ronnie Abrams
- Aug. 17, 2022
Background
Vito Gallicchio, who was proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not address the substance of that petition. Under the court's order, a person filing this type of petition must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees.
Gallicchio submitted the petition without either the filing fee or an application to proceed without prepaying fees.
Order
The court ordered Gallicchio, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached application. The application was to include docket number 22-CV-6643 (LTS). If the court grants the application, Gallicchio may proceed without prepaying fees.
The court stated that no answer from the respondent was required at that time. If Gallicchio complies with the order, 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.
Appeal-Fee Certification
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without prepaying fees.
Disposition
The court issued an order directing payment of the filing fee or submission of an application to proceed without prepaying fees. It did not decide the merits of Gallicchio's petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.