Rodriguez v. Burke
- Laura Swain
- 1:24-cv-02715
- U.S. District Court · Southern District of New York
- 4
In Rodriguez v. Burke, Judge Swain ordered Rodriguez to pay the filing fee or request permission to proceed without prepaying fees.
Andres Rodriguez, the self-represented petitioner, must pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days; the respondents were not required to answer at this time.
What happened
In Rodriguez v. Burke, Andres Rodriguez filed a petition and did not pay the $5 filing fee or submit an application to proceed without prepaying fees. He is representing himself.
The court gave Rodriguez 30 days from April 11, 2024, to pay the fee or submit a signed application. The court said no response from the respondents was required at this time and warned that the case will be dismissed if Rodriguez does not comply.
Judge Laura Taylor Swain also denied permission to proceed without prepaying fees for any appeal from this order, stating that an appeal would not be taken in good faith. The order did not decide the substance of Rodriguez’s petition.
The detailed version
- Rodriguez v. Burke · No. 1:24-cv-02715
- Laura Swain
- Apr. 11, 2024
Background
Andres Rodriguez, proceeding without a lawyer, filed a petition for a writ of habeas corpus against James M. Burke and other respondents. The opinion does not address the substance of the petition. Rodriguez submitted the petition without paying the required $5 filing fee and without an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court ordered Rodriguez, within 30 days of April 11, 2024, to do one of two things: pay the $5 filing fee or complete and submit the attached signed IFP application. If Rodriguez submits the application and the court grants it, he may proceed without paying the fee in advance. The application requests information about income, assets, expenses, debts, and dependents.
The court stated that no answer from the respondents was required at that time. If Rodriguez complies, the case will be processed under the court clerk’s procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal
The court certified that any appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal.
Classification
This is a procedural order because it addresses payment of the filing fee and the application to proceed without prepaying fees, without deciding the merits of Rodriguez’s petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.