Falls v. Arteta
- Laura Swain
- 1:23-cv-00830
- U.S. District Court · Southern District of New York
- 4
In Falls v. Arteta, Judge Swain ordered the pro se petitioner to pay $5 or seek fee relief within 30 days.
Raiquan K. Falls, the self-represented petitioner, must either pay the $5 filing fee or submit an IFP application within 30 days to avoid dismissal of the action.
What happened
In Falls v. Arteta, Raiquan K. Falls filed a petition for a writ of habeas corpus without paying the required $5 filing fee or submitting an application to proceed without prepaying fees.
The court gave Falls 30 days to pay the fee or submit a signed application explaining why he could not pay. No response from Paul Arteta was required at that stage, and the court warned that the action would be dismissed if Falls did not comply.
Judge Laura Taylor Swain also denied permission to proceed without prepaying fees for an appeal, ruling that any appeal from this order would not be taken in good faith. The order did not decide the underlying habeas petition.
The detailed version
- Falls v. Arteta · No. 1:23-cv-00830
- Laura Swain
- Feb. 3, 2023
Background
Raiquan K. Falls, representing himself, filed a petition for a writ of habeas corpus. The petition was submitted without the required $5 filing fee and without an application to proceed without prepaying fees, commonly called an IFP application.
The Court’s Order
The court ordered Falls, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached IFP application. If the court grants the application, Falls may proceed without paying the fees in advance. The application must identify docket number 23-CV-830 (LTS).
The court stated that no answer from Paul Arteta was required at that time. If Falls complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal-related ruling and effect
The court certified that any appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal. Judge Laura Taylor Swain’s order addressed the filing-fee requirement and did not decide the merits of Falls’s habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.