Luis v. Stone
- Laura Swain
- 1:23-cv-01001
- U.S. District Court · Southern District of New York
- 4
In Luis v. Stone, Judge Swain ordered Luis to pay the filing fee or apply to proceed without prepayment, without deciding his petition.
Murillo Cabezas Luis must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days; otherwise, the action will be dismissed.
What happened
In Luis v. Stone, Murillo Cabezas Luis filed a petition for a writ of habeas corpus against Stacey N. Stone. Luis was representing himself.
Luis did not submit the required $5 filing fee or an application to proceed without prepaying court fees. The court gave him 30 days to pay the fee or submit a signed application. The court said no response from Stone was required at that time and warned that the case would be dismissed if Luis did not comply.
Judge Laura Taylor Swain issued the order directing payment or an application. She did not decide the petition’s underlying issues and denied permission to appeal without prepaying fees.
The detailed version
- Luis v. Stone · No. 1:23-cv-01001
- Laura Swain
- Feb. 9, 2023
Background
Murillo Cabezas Luis filed a petition for a writ of habeas corpus, a court proceeding seeking relief from allegedly unlawful custody or restraint. The opinion states that Luis was proceeding without a lawyer. He filed the petition without paying the $5 filing fee and without submitting an application to proceed without prepaying fees.
Order
The court ordered Luis, within 30 days of February 9, 2023, to do one of two things: pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. The application had to be signed and identify docket number 23-CV-1001 (LTS). If the court granted the application, Luis could proceed without paying the fee in advance.
The court stated that no answer from Stacey N. Stone was required at that time. If Luis complied, the case would be processed under the procedures of the Clerk’s Office. If he failed to comply within the allowed time, the action would be dismissed.
Disposition
Judge Laura Taylor Swain directed Luis to pay the filing fee or submit an application to proceed without prepaying fees. The order did not address the merits of Luis’s petition. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.