Figueroa v. The People of The State of New York

Background

Angel Figueroa filed a petition for a writ of habeas corpus and was proceeding without a lawyer. The petition text asserts that New York parole procedures required a preliminary hearing within 15 days and a final revocation hearing within 90 days. It also asserts that the unresolved matter affected Figueroa's federal incarceration and access to reentry programs. The court did not decide those assertions in this order.

Filing Deficiencies

The court explained that court filings must be personally signed by an unrepresented party. It also explained that a habeas petitioner must either pay the $5.00 filing fee or submit a signed application to proceed in forma pauperis, meaning without prepaying court fees. Figueroa submitted the petition without an original signature and without the filing fee or an application to proceed without prepaying fees.

Order and Disposition

The court ordered Figueroa to do both of the following within 30 days of the order: (1) resubmit the petition's signature page with an original signature; and (2) either pay the $5.00 filing fee or complete and submit the attached fee application. The court stated that, if the application is granted, Figueroa may proceed without prepaying the fee. No answer was required at that time. The court stated that the case would be processed under the Clerk's Office procedures if Figueroa complied, but that the action would be dismissed if he did not comply within the allowed time.

The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Laura Taylor Swain did not reach the merits of Figueroa's habeas petition.