Sandoval-Campos v. Homeland Security
- Laura Swain
- 1:24-cv-03854
- U.S. District Court · Southern District of New York
- 2
In Sandoval-Campos v. Homeland Security, Judge Swain ordered the petitioner to pay $5 or submit a fee-waiver application within 30 days.
RONAL-DANILO SANDOVAL-CAMPOS must either pay the $5 filing fee or submit a signed fee-waiver application within 30 days to avoid dismissal of the action. The respondents were not required to answer at this stage.
What happened
In Sandoval-Campos v. Homeland Security, RONAL-DANILO SANDOVAL-CAMPOS filed a petition without a lawyer. The petition was submitted without the required filing fee or an application to proceed without paying the fee in advance.
The court ordered the petitioner, within 30 days, either to pay the $5 filing fee or submit a signed fee-waiver application. The court said that no response from the respondents was required at this stage and that the case would proceed through the Clerk’s Office if the petitioner complied.
Judge Laura Taylor Swain warned that the action would be dismissed if the petitioner did not comply within the allowed time. She also denied permission to appeal without paying fees, finding that an appeal from the order would not be taken in good faith.
The detailed version
- Sandoval-Campos v. Homeland Security · No. 1:24-cv-03854
- Laura Swain
- May 21, 2024
Background
RONAL-DANILO SANDOVAL-CAMPOS, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The petition was not accompanied by the $5 filing fee or a signed application asking to proceed without paying the fee in advance.
Order
The court ordered the petitioner to do one of two things within 30 days of the order’s date: pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. The application was to include docket number 24-CV-3854 (LTS). The court explained that, if it granted the application, the petitioner could proceed without prepaying fees.
The court stated that the respondents did not need to file an answer at that time. If the petitioner complied, the case would be processed under the Clerk’s Office procedures. If the petitioner failed to comply within the permitted time, the action would be dismissed.
Appeal and disposition
Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying appeal fees. This order directed payment of the filing fee or submission of the fee-waiver application; it did not decide the petition’s underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.