Castro-Rosa v. Ray
- Laura Swain
- 1:23-cv-07242
- U.S. District Court · Southern District of New York
- 4
In Castro-Rosa v. Ray, Judge Swain ordered Jesus Manuel Castro-Rosa to pay the fee or submit an application to proceed without prepaying fees within 30 days.
The order directly affects Jesus Manuel Castro-Rosa by requiring him to pay the filing fee or submit an application to proceed without prepaying fees before the case proceeds. It does not decide any claim against Heather Ray.
What happened
Jesus Manuel Castro-Rosa filed a petition for a writ of habeas corpus against Heather Ray without paying the $5 filing fee or submitting an application to proceed without prepaying fees. The opinion does not describe the underlying habeas claims.
The court gave Castro-Rosa 30 days from August 16, 2023, to pay the fee or submit a signed application. No summons would be issued at that time. If he did not comply, the action would be dismissed.
Judge Laura Taylor Swain also ruled that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the habeas petition's merits.
The detailed version
- Castro-Rosa v. Ray · No. 1:23-cv-07242
- Laura Swain
- Aug. 16, 2023
Background
Jesus Manuel Castro-Rosa, who was proceeding without a lawyer, filed a petition for a writ of habeas corpus against Heather Ray. The opinion does not state the petition's underlying allegations or explain the relief Castro-Rosa sought.
To proceed with the petition, Castro-Rosa had to either pay the $5 filing fee or submit a signed application to proceed without prepaying fees, commonly called an IFP application. He submitted neither.
Court’s Order
Judge Laura Taylor Swain ordered Castro-Rosa to pay the filing fee or complete and submit the attached IFP application within 30 days of the order. The application was to identify docket number 23-CV-7242 (LTS). If the court granted the application, Castro-Rosa could proceed without paying the filing fee in advance.
The court directed that no summons be issued at that time. If Castro-Rosa complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the allowed time, the action would be dismissed.
The court also certified that any appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal. The order addressed filing requirements and did not reach the merits of the habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.