Solis v. Brown
- Laura Swain
- 1:24-cv-02700
- U.S. District Court · Southern District of New York
- 4
In Solis v. Brown, Judge Swain ordered Jose Solis to pay the $5 filing fee or submit an application to proceed without prepaying fees within 30 days.
Jose Solis must either pay the $5 filing fee or submit an IFP application within 30 days; failure to comply will result in dismissal of the action.
What happened
In Solis v. Brown, Jose Solis filed a petition for a writ of habeas corpus without paying the required filing fee or submitting an application to proceed without prepaying fees.
The court gave Solis 30 days to pay the $5 filing fee or submit a signed application. No response from the respondent was required at that time. If Solis does not comply, the action will be dismissed; if he submits the application and the court grants it, he may proceed without paying the fee in advance.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
The detailed version
- Solis v. Brown · No. 1:24-cv-02700
- Laura Swain
- Apr. 10, 2024
Background
Jose Solis, who was proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not address whether the petition's underlying claims have merit. Solis submitted the petition without the $5 filing fee and without an application to proceed without prepaying fees, also called an IFP application.
Order
The court directed Solis, within 30 days of April 10, 2024, to either pay the $5 filing fee or complete and submit the attached signed IFP application. The application was required to identify docket number 24-CV-2700 (LTS). If the court grants the application, Solis may proceed without paying the filing fee in advance. No answer from Attorney Victor Manuel Brown was required at that time.
Disposition
Judge Laura Taylor Swain ordered that the case would be processed under the Clerk’s Office procedures if Solis complied with the order. If he failed to comply within the allowed time, the action would be dismissed. 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.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.