Sai Malena Jimenez-Fogarty, as Next Friend on Behalf of Minor Children v....
Sai Malena Jimenez-Fogarty, as Next Friend on Behalf of Minor Children v....
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SAI MALENA JIMENEZ-FOGARTY, as Next Friend on Behalf of Minor Children, Petitioner, 25-CV-8498 (LTS) -against- ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION THOMAS FOGARTY, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: Sai Malena Jimenez-Fogarty, acting pro se as “next friend” on behalf of her minor children, brings this petition for a writ of habeas corpus. To proceed with a petition for a writ of habeas corpus in this court, a petitioner must either pay the $5.00 filing fee or, to request authorization to proceed in forma pauperis (IFP), submit a signed IFP application. See
28 U.S.C. §§ 1914, 1915. Petitioner submitted the petition without the filing fee or an IFP application. Within thirty days of the date of this order, Petitioner must either pay the $5.00 filing fee or complete and submit the attached IFP application. Payment of the fees should be mailed to the following address: United States District Court for the Southern District of New York, Cashiers-Room 260, 500 Pearl Street, New York, NY 10007. Payment of the fees by mail must (1) be made by money order or certified check; (2) be made payable to: Clerk, USDC, SDNY; and (3) include the docket number listed above. Personal checks are not accepted. Payment of the fees also can be made in person at the courthouse by credit card, money order, certified check, or cash. If Petitioner submits the IFP application, it should be labeled with docket number 25-CV-8498 (LTS). No answer shall be required at this time. If Petitioner complies with this order, the case shall be processed in accordance with the procedures of the Clerk’s Office. If Petitioner fails to comply with this order within the time allowed, the action will be dismissed without prejudice. The Court certifies under
28 U.S.C. § 1915(a)(3) that any appeal from this order would
not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States,
369 U.S. 438, 444–45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. Dated: October 16, 2025 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
Reference
- Full Case Name
- Sai Malena Jimenez-Fogarty, as Next Friend on Behalf of Minor Children v. Thomas Fogarty
- Status
- Unknown