Pierre-Lys v. State of New York
- Laura Swain
- 1:24-cv-02759
- U.S. District Court · Southern District of New York
- 4
In Pierre-Lys v. State of New York, Chief Judge Swain ordered the petitioner to pay $5 or request permission to proceed without prepaying fees within 30 days.
Roodolph L. Pierre-Lys must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days; otherwise, the action will be dismissed. The respondents were not required to answer at that time.
What happened
Roodolph L. Pierre-Lys filed a petition for a court order concerning his custody against the State of New York and other respondents. The court said he was representing himself.
Pierre-Lys submitted the petition without paying the $5 filing fee and without submitting an application to proceed without prepaying fees. The court gave him 30 days from April 26, 2024, to pay the fee or submit a signed application. No response from the respondents was required at that time.
Chief Judge Laura Taylor Swain ordered that the case would be processed if Pierre-Lys complied, but that the action would be dismissed if he did not. The court also denied permission to appeal without prepaying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Pierre-Lys v. State of New York · No. 1:24-cv-02759
- Laura Swain
- Apr. 26, 2024
Background
Roodolph L. Pierre-Lys filed a petition for a writ of habeas corpus, a court proceeding seeking relief concerning custody, against the State of New York and other respondents. The opinion states that Pierre-Lys was proceeding without a lawyer.
Filing-fee requirement
A person filing this type of petition in the court must either pay the $5 filing fee or submit a signed application to proceed in forma pauperis (IFP), meaning without prepaying court fees. Pierre-Lys submitted the petition without either the fee or an IFP application.
Order
The court ordered Pierre-Lys, within 30 days of April 26, 2024, to either pay the $5 filing fee or complete and submit the attached IFP application using docket number 24-CV-2759 (LTS). If the court grants the application, Pierre-Lys may proceed without prepaying the fees. No answer from the respondents was required at that time.
If Pierre-Lys complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed. The court also certified that any appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal.
Effect of the order
The order addresses the filing fee or IFP application and does not decide the merits of Pierre-Lys’s custody petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.