Ahmed v. John/Jane Doe
- Laura Swain
- 1:23-cv-05756
- U.S. District Court · Southern District of New York
- 4
In Ahmed v. John/Jane Doe, Judge Swain ordered the petitioner to pay the fee or submit an IFP application within 30 days.
Amar Ahmed must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days. John/Jane Doe was not required to answer at this stage.
What happened
In Ahmed v. John/Jane Doe, Amar Ahmed filed a petition asking for habeas relief but did not pay the $5 filing fee or submit an application to proceed without prepaying court fees.
The court gave Ahmed 30 days to pay the fee or submit a signed application showing that he could not afford it. The court said no response from John/Jane Doe was required at that time and warned that the case would be dismissed if Ahmed did not comply.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Ahmed v. John/Jane Doe · No. 1:23-cv-05756
- Laura Swain
- July 6, 2023
Background
Amar Ahmed, who was representing himself, filed a petition for a writ of habeas corpus. The opinion does not describe the underlying basis for the petition or decide whether Ahmed is entitled to habeas relief.
Fee Requirement
The court explained that a habeas petitioner must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees, commonly called an IFP application. Ahmed submitted the petition without either the fee or an IFP application.
The court ordered Ahmed, within 30 days of the order, to pay the $5 filing fee or complete and submit the attached IFP application. If the court grants the application, Ahmed may proceed without prepaying fees. The court instructed him to identify the application with docket number 23-CV-5756 (LTS).
Disposition
Judge Laura Taylor Swain ordered payment of the fee or submission of the IFP application. The court stated that no answer from John/Jane Doe was required at that time and that the case would be processed under the Clerk’s Office procedures if Ahmed complied. The court also stated that the action would be dismissed if Ahmed failed to comply within the allowed time. Finally, under 28 U.S.C. § 1915(a)(3), the court certified that an appeal from this order would not be taken in good faith and denied IFP status for an appeal.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.