Gonzalez v. Pliler
- Laura Swain
- 1:22-cv-09602
- U.S. District Court · Southern District of New York
- 2
In Gonzalez v. Pliler, Judge Swain ordered Gonzalez to pay a filing fee or submit an application to proceed without prepayment.
Mario Gonzalez, who must pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days, or the action will be dismissed.
What happened
Gonzalez v. Pliler concerns Mario Gonzalez’s habeas petition. He filed it without paying the required $5 filing fee and without submitting an application to proceed without prepaying court fees.
The court gave Gonzalez 30 days from November 14, 2022, to pay the fee or submit a signed fee-waiver application. The court said no response from the respondent was required at that time and warned that the case would be dismissed if Gonzalez did not comply.
Chief Judge Laura Taylor Swain issued the order directing payment or an application. She also ruled that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Gonzalez v. Pliler · No. 1:22-cv-09602
- Laura Swain
- Nov. 14, 2022
Background
Mario Gonzalez, representing himself, filed a petition seeking habeas relief. The opinion does not address the petition’s underlying claims. It states that proceeding with a habeas petition in the Southern District of New York requires either payment of a $5 filing fee or a signed application asking to proceed without prepaying court fees.
Order
Gonzalez submitted the petition without the filing fee and without an application to proceed without prepayment. The court ordered him, within 30 days of the order’s date, to either pay the $5 fee or complete and submit the attached application. The application had to identify docket number 22-CV-9602. If the court grants the application, Gonzalez may proceed without prepaying fees.
The court stated that no answer was required at that time. If Gonzalez complies, the Clerk’s Office will process the case under its procedures. If he does not comply within the allowed time, the action will be dismissed.
Ruling and effect
Chief Judge Laura Taylor Swain issued an order directing payment of the fee or submission of the fee-waiver application. The order did not decide the merits of Gonzalez’s habeas petition. The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.