Stewart v. Caputo
- Laura Swain
- 1:22-cv-08546
- U.S. District Court · Southern District of New York
- 4
In Stewart v. Caputo, Judge Swain ordered Al-Fatah Stewart to pay $5 or submit an IFP application within 30 days.
Al-Fatah Stewart must either pay the $5 filing fee or submit an IFP application within 30 days; otherwise, the action will be dismissed. Warden Caputo was not required to answer at this stage.
What happened
In Stewart v. Caputo, Al-Fatah Stewart filed a petition seeking a court order concerning detention, but did not pay the required filing fee or submit an application to proceed without prepaying fees. The court had not yet required Warden Caputo to respond.
The court gave Stewart 30 days to either pay the $5 filing fee or submit a signed application explaining why he could not prepay it. If the court approves that application, Stewart may proceed without paying the fee in advance.
The order warned that the action will be dismissed if Stewart does not comply on time. Judge Laura Taylor Swain also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Stewart v. Caputo · No. 1:22-cv-08546
- Laura Swain
- Oct. 7, 2022
Background
Al-Fatah Stewart, proceeding without a lawyer, filed a petition seeking a writ of habeas corpus. The opinion does not decide the substance of that petition. Stewart submitted it without paying the $5 filing fee and without submitting an application to proceed without prepaying fees, commonly called an IFP application.
Court’s Order
The court directed Stewart, 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 identify docket number 22-CV-8546. If the court grants the application, Stewart may proceed without prepaying the filing fee.
The court stated that no answer from Warden Caputo was required at that time. If Stewart complies, the case will be processed under the Clerk’s Office procedures. If Stewart does not comply within the allowed time, the action will be dismissed.
Appeal and Disposition
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 IFP status for purposes of an appeal. Judge Laura Taylor Swain therefore entered an order addressing the filing fee and IFP application; the opinion did not reach the merits of Stewart’s habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.