Rinaldi v. Warden FCI Otisville
- Laura Swain
- 1:24-cv-02449
- U.S. District Court · Southern District of New York
- 4
In Rinaldi v. Warden FCI Otisville, Judge Swain ordered Michael Rinaldi to pay the filing fee or submit an IFP application within 30 days.
Michael Rinaldi, the self-represented petitioner, must either pay the $5.00 filing fee or submit an IFP application within 30 days to avoid dismissal of the action.
What happened
Michael Rinaldi, representing himself, filed a petition for habeas corpus relief without paying the $5 filing fee or submitting an application to proceed without prepaying court fees in Rinaldi v. Warden FCI Otisville.
The court gave Rinaldi 30 days to pay the fee or submit a signed application. If the court grants the application, he may proceed without paying the fee in advance. The court did not require a response from the respondent at this time.
Judge Laura Taylor Swain ordered that the case would be dismissed if Rinaldi did not comply within 30 days. She also ruled that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Rinaldi v. Warden FCI Otisville · No. 1:24-cv-02449
- Laura Swain
- Apr. 2, 2024
Background
Michael Rinaldi filed a petition for a writ of habeas corpus and is proceeding without a lawyer. He submitted the petition without the required $5.00 filing fee and without an application to proceed without prepaying fees, commonly called an IFP application.
Court’s Order
The court ordered Rinaldi, within 30 days of the order, to either pay the $5.00 filing fee or complete and submit a signed IFP application. The application must identify docket number 24-CV-2449 (LTS). If the court grants the application, Rinaldi may proceed without paying the filing fee in advance.
The court stated that no answer from the respondent was required at that time. If Rinaldi complies with the order, the case will be processed under the court’s procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal and Effect of the Order
Judge Laura Taylor Swain 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 addresses the filing fee and fee-waiver requirements; it does not decide the merits of Rinaldi’s habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.