MALDONADO v. NEW YORK STATE PAROLE COMMUNITY SUPERVISION

Background

Samuel Maldonado filed a petition for a writ of habeas corpus while representing himself. He did not pay the required $5 filing fee and did not submit an application to proceed without prepaying court fees, known as an IFP application. The petition had originally been filed in another federal district and was transferred to the Southern District of New York.

The court had previously ordered Maldonado to pay the fee or submit an IFP application. That order was mailed to his address of record at Rikers Island and was not returned. Maldonado later filed a motion asking for appointed counsel and an update about the case’s transfer. That filing showed that his address had changed, so the court directed the clerk to update the docket.

Order

The court ordered Maldonado, within 30 days of the order, to do one of two things: pay the $5 filing fee or complete and submit the attached IFP application. The application had to include docket number 22-CV-4839. If the court granted the application, Maldonado would be allowed to proceed without paying the filing fee in advance.

The court stated that no answer from the respondent was required at that time. If Maldonado complied, the case would be processed under the clerk’s office procedures. If he failed to comply within the allowed time, the action would be dismissed.

Disposition

This was a procedural order addressing the filing fee and IFP requirements. It did not decide the merits of Maldonado’s habeas petition. Judge Laura Taylor Swain certified that an appeal from this order would not be taken in good faith and denied IFP status for purposes of such an appeal.