Stone v. Huett
- Laura Swain
- 1:22-cv-08545
- U.S. District Court · Southern District of New York
- 4
In Stone v. Huett, Chief Judge Swain ordered Robert Stone to pay the filing fee or apply to proceed without prepayment.
Robert Stone, who must either pay the $5 filing fee or submit an application to proceed without prepaying fees within 30 days to avoid dismissal of the action.
What happened
In Stone v. Huett, Robert Stone filed a petition asking for habeas corpus relief, a procedure for challenging custody or detention.
Stone submitted the petition without paying the $5 filing fee and without submitting an application to proceed without prepaying fees. The court gave him 30 days to do one of those things.
Chief Judge Laura Taylor Swain ordered Stone to pay the fee or submit the application; she said the case would be dismissed if he did not comply and denied fee-free status for any appeal from the order.
The detailed version
- Stone v. Huett · No. 1:22-cv-08545
- Laura Swain
- Oct. 7, 2022
Background
Robert Stone, proceeding without a lawyer, filed a petition for a writ of habeas corpus, a court procedure for challenging custody or detention. The opinion does not decide whether Stone is entitled to habeas relief.
Filing-fee requirement
The court explained that a habeas petitioner must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees. Stone submitted neither the fee nor the application.
Order
The court ordered Stone, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached application. If the court grants the application, Stone may proceed without prepaying fees. No response from the respondent was required at that time. The court stated that the action will be dismissed if Stone does not comply within the permitted time.
The court also certified that any appeal from this order would not be taken in good faith and denied fee-free status for purposes of an appeal.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.