Jean-Louis v. Mayor of New York City
- Laura Swain
- 1:23-cv-09520
- U.S. District Court · Southern District of New York
- 4
In Jean-Louis v. Mayor of New York City, Judge Swain ordered the petitioner to pay $5 or submit a fee-waiver application within 30 days.
Joseph W. Jean-Louis, who must either pay the $5 filing fee or submit a signed fee-waiver application within 30 days for the case to continue processing.
What happened
Joseph W. Jean-Louis filed a petition in Jean-Louis v. Mayor of New York City without paying the filing fee or submitting an application to proceed without prepaying fees.
The court ordered him, within 30 days, to pay the $5 filing fee or submit a signed application showing that he cannot afford it. No response from the respondents was required at that time.
Judge Laura Taylor Swain said the case would be processed if Jean-Louis complied, but the action would be dismissed if he did not. She also denied fee-waiver status for any appeal from this order.
The detailed version
- Jean-Louis v. Mayor of New York City · No. 1:23-cv-09520
- Laura Swain
- Nov. 1, 2023
What the filing involved
The opinion describes Joseph W. Jean-Louis as a self-represented petitioner who filed a petition for a writ of habeas corpus. He submitted the petition without the required filing fee or an application to proceed without prepaying fees.
The court’s order
The court gave Jean-Louis 30 days from the date of the order to do one of two things: pay the $5 filing fee or complete and submit the attached, signed application to proceed without prepaying fees. The application had to identify docket number 23-CV-9520 (LTS). If the court granted the application, Jean-Louis could proceed without paying fees in advance.
The court stated that no answer from the respondents was required at that point. If Jean-Louis complied, the Clerk’s Office would process the case under its procedures. If he failed to comply within the allowed time, the action would be dismissed.
Appeal-related ruling
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not decide the substance of Jean-Louis’s petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.