Murillo-Cabezas v. F.C.I. Otisville Warden
- Ronnie Abrams
- 1:23-cv-11329
- U.S. District Court · Southern District of New York
- 4
In Murillo-Cabezas v. Warden, Judge Swain ordered payment of the filing fee or submission of an application to proceed without prepaying it.
The order affects Luis Fernando Murillo-Cabezas by requiring him to pay the $5 filing fee or submit an IFP application within 30 days; failure to comply would result in dismissal of the action.
What happened
Luis Fernando Murillo-Cabezas filed a petition identified by the court as a habeas petition against the F.C.I. Otisville Warden. He was proceeding without a lawyer and had not submitted either the required $5 filing fee or an application to proceed without prepaying fees.
The court gave Murillo-Cabezas 30 days from January 9, 2024, to pay the fee or submit a signed application. The court said no summons would be issued at that time and that the case would be processed if he complied. It also said the action would be dismissed if he did not comply within the deadline.
Chief Judge Laura Taylor Swain ordered the payment-or-application requirement and denied permission to appeal without prepaying fees, certifying that an appeal would not be taken in good faith. The order did not decide the petition’s underlying claims.
The detailed version
- Murillo-Cabezas v. F.C.I. Otisville Warden · No. 1:23-cv-11329
- Ronnie Abrams
- Jan. 9, 2024
Background
Luis Fernando Murillo-Cabezas filed a petition for a writ of habeas corpus against the F.C.I. Otisville Warden. The opinion states that he was proceeding without a lawyer. When he filed the petition, he did not pay the $5 filing fee or submit an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court directed Murillo-Cabezas, within 30 days of the order, to do one of two things: pay the $5 filing fee or complete and submit the attached IFP application. The court instructed him to identify the application with docket number 23-CV-11329 (LTS). The court explained that, if it granted the application, he could proceed without paying the fees in advance.
The court ordered that no summons be issued at that time. It stated that, if Murillo-Cabezas complied with the order, the case would be processed under the procedures of the Clerk’s Office. If he failed to comply within the allowed time, the action would be dismissed.
Disposition
Chief Judge Laura Taylor Swain ordered payment of the filing fee or submission of an IFP application. The court also certified that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The order 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.