Torres v. People
- Laura Swain
- 1:23-cv-09380
- U.S. District Court · Southern District of New York
- 4
In Torres v. People, Judge Swain ordered Jesus Torres to pay the $5 filing fee or submit an application to proceed without prepayment.
Jesus Torres must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days. The case may be dismissed if he does not comply.
What happened
Torres v. People is a habeas petition filed by Jesus Torres, who is representing himself. He submitted the petition without paying the required filing fee or submitting an application to proceed without prepaying fees.
The court gave Torres 30 days to either pay the $5 filing fee or submit a signed application showing that he cannot pay. The court said no summons would be issued at that time and warned that the case would be dismissed if he did not comply.
Judge Laura Taylor Swain issued the order directing payment or an application. She also denied permission to proceed without prepaying fees for any appeal from the order, finding that an appeal would not be taken in good faith.
The detailed version
- Torres v. People · No. 1:23-cv-09380
- Laura Swain
- Oct. 26, 2023
Background
Jesus Torres filed a petition for a writ of habeas corpus while representing himself. The opinion states that he submitted the petition without the required $5 filing fee and without an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court ordered Torres, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached signed IFP application. The application had to include docket number 23-CV-9380 (LTS). The court explained that, if it granted the application, Torres could proceed without paying the fee in advance.
The court directed that no summons be issued at that time. It stated that the case would be processed under the Clerk’s Office procedures if Torres complied, but that the action would be dismissed if he did not comply within the allowed time.
Appeal
The court certified that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. Judge Laura Taylor Swain did not decide the substance of Torres’s habeas petition in this order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.