Daniels v. State of NY
- Laura Swain
- 1:23-cv-00655
- U.S. District Court · Southern District of New York
- 4
In Daniels v. State of NY, Chief Judge Swain ordered the pro se petitioner to pay $5 or submit a fee-waiver application within 30 days.
Shatrek Daniels, who must either pay the $5 filing fee or submit a signed IFP application within 30 days to avoid dismissal of the action.
What happened
In Daniels v. State of NY, Shatrek Daniels filed a petition asking for habeas relief but did not pay the required $5 filing fee or submit an application to proceed without prepaying fees.
The court gave Daniels 30 days from January 27, 2023, to pay the fee or submit a signed application showing an inability to pay. The court said no response from the State of NY was required at that time.
Chief Judge Laura Taylor Swain ordered the payment or application and stated that the case would be dismissed if Daniels did not comply. She also denied fee-waiver status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Daniels v. State of NY · No. 1:23-cv-00655
- Laura Swain
- Jan. 27, 2023
Background
Shatrek Daniels, proceeding without a lawyer, filed a petition for a writ of habeas corpus against the State of NY. The petition was submitted without the required $5 filing fee and without an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court directed Daniels, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached signed IFP application. The court explained that, if it granted the application, Daniels could proceed without paying fees in advance. The application required information about income, assets, expenses, debts, dependents, and, if applicable, incarceration and institutional payments.
The court stated that no answer from the State of NY was required at that time. If Daniels complied, the case would be processed under the Clerk’s Office procedures. If Daniels did not comply within the allowed period, the action would be dismissed.
Disposition
Chief Judge Laura Taylor Swain ordered Daniels to pay the filing fee or submit the IFP application. The court also certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The order did not decide the merits of Daniels’s habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.