Carlos Anibal Chalco-Beltran v. LaDeon Francis, in his official capacity as...

District Court, S.D. New York

Carlos Anibal Chalco-Beltran v. LaDeon Francis, in his official capacity as...

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CARLOS ANIBAL CHALCO-BELTRAN, Petitioner, 1:25-CV-9205 (ALC) -against- ORDER DIRECTING PAYMENT OF FEE LaDEON FRANCIS, in his official capacity as OR IFP APPLICATION Acting Field Office Director of New York Immigration and Customs Enforcement, et al., Respondents. ANDREW L. CARTER, JR., United States District Judge: Petitioner Carlos Anibal Chalco-Beltran brings this petition for a writ of habeas corpus by his next friend, his sister, Eva Magdalena Chalco Chango, who appears pro se. To proceed with a petition for a writ of habeas corpus in this court, a $5.00 filing fee must be paid or, to request authorization to proceed in forma pauperis (“IFP”), a completed and signed IFP application must be filed. See 28 U.S.C. §§ 1914, 1915. The present petition was filed without the filing fee being paid or a completed and signed IFP application being filed. Within 30 days of the date of this order, the $5.00 filing fee must be paid or an IFP application, that is completed and signed by either Petitioner or the next friend, must be filed.1 If an IFP application is filed, it should be labeled with docket number 1:25-CV- 0F 9205 (ALC). If the Court grants the IFP application, Petitioner, or the next friend on behalf of Petitioner, will be permitted to proceed without prepayment of fees. See 28 U.S.C. § 1915(a)(1). 1 An IFP application form is attached to this order. If Petitioner or the next friend complies with this order, this action shall be processed in accordance with the procedures of the Clerk’s Office. If Petitioner or the next friend fails to comply with this order within the time allowed, the Court will dismiss this action. Petitioner or the next friend may receive court documents by email by completing a Consent to Electronic Service of court documents form.” Because, at this time, the petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. 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: 11/5/25 (Arde 7 Cao New York, New York ANDREW L. CARTER, JR. United States District Judge ? Attached to this order are relevant instructions and a Consent to Electronic Service of court documents form. If either Petitioner or the next friend consents to receive documents by email, Petitioner or the next friend will no longer receive court documents by regular mail. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK (full name of the plaintiff or petitioner applying (each person must submit a separate application)) CV ( ) ( ) -against- (Provide docket number, if available; if filing this with your complaint, you will not yet have a docket number.) (full name(s) of the defendant(s)/respondent(s)) APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS I am a plaintiff/petitioner in this case and declare that I am unable to pay the costs of these proceedings and I believe that I am entitled to the relief requested in this action. In support of this application to proceed in forma pauperis (IFP) (without prepaying fees or costs), I declare that the responses below are true: 1. Are you incarcerated? Yes No (If “No,” go to Question 2.) I am being held at: Do you receive any payment from this institution? Yes No Monthly amount: If I am a prisoner, see 28 U.S.C. § 1915(h), I have attached to this document a “Prisoner Authorization” directing the facility where I am incarcerated to deduct the filing fee from my account in installments and to send to the Court certified copies of my account statements for the past six months. See 28 U.S.C. § 1915(a)(2), (b). I understand that this means that I will be required to pay the full filing fee. 2. Are you presently employed? Yes No If “yes,” my employer’s name and address are: Gross monthly pay or wages: If “no,” what was your last date of employment? Gross monthly wages at the time: 3. In addition to your income stated above (which you should not repeat here), have you or anyone else living at the same residence as you received more than $200 in the past 12 months from any of the following sources? Check all that apply. (a) Business, profession, or other self-employment Yes No (b) Rent payments, interest, or dividends Yes No (c)Pension, annuity, or life insurance payments Yes No (d)Disability or worker’s compensation payments Yes No (e)Gifts or inheritances Yes No (f)Any other public benefits (unemployment, social security, Yes No food stamps, veteran’s, etc.) (g)Any other sources Yes No If you answered “Yes” to any question above, describe below or on separate pages each source of money and state the amount that you received and what you expect to receive in the future. If you answered “No” to all of the questions above, explain how you are paying your expenses: 4. How much money do you have in cash or in a checking, savings, or inmate account? 5. Do you own any automobile, real estate, stock, bond, security, trust, jewelry, art work, or other financial instrument or thing of value, including any item of value held in someone else’s name? If so, describe the property and its approximate value: 6. Do you have any housing, transportation, utilities, or loan payments, or other regular monthly expenses? If so, describe and provide the amount of the monthly expense: 7. List all people who are dependent on you for support, your relationship with each person, and how much you contribute to their support (only provide initials for minors under 18): 8. Do you have any debts or financial obligations not described above? If so, describe the amounts owed and to whom they are payable: Declaration: I declare under penalty of perjury that the above information is true. I understand that a false statement may result in a dismissal of my claims. Dated Signature Name (Last, First, MI) Prison Identification # (if incarcerated) Address City State Zip Code Telephone Number E-mail Address (if available) esses DISTRI KER Sf. EE a NO 5 ey 4\ United States District Court 6 iT £/ Southern District of New York WB x ES ISTRICT Pro Se (Nonprisoner) Consent to Receive Documents Electronically Parties who are not represented by an attorney and are not currently incarcerated may choose to receive documents in their cases electronically (by e-mail) instead of by regular mail. Receiving documents by regular mail is still an option, but if you would rather receive them only electronically, you must do the following: 1. Sign up fora PACER login and password by contacting PACER! at www.pacer.uscourts.gov or 1-800-676-6856; 2. Complete and sign this form. If you consent to receive documents electronically, you will receive a Notice of Electronic Filing by e- mail each time a document is filed in your case. After receiving the notice, you are permitted one “free look” at the document by clicking on the hyperlinked document number in the e-mail.? Once you click the hyperlink and access the document, you may not be able to access the document for free again. After 15 days, the hyperlink will no longer provide free access. Any time that the hyperlinkis accessed after the first “free look” or the 15 days, you will be asked for a PACER login and may be charged to view the document. For this reason, you should print or save the document during the “free look” to avoid future charges. IMPORTANT NOTICE Under Rule 5 of the Federal Rules of Civil Procedure, Local Civil Rule 5.2, and the Court’s Electronic Case Filing Rules & Instructions, documents may be served by electronic means. If you register for electronic service: 1. You will no longer receive documents in the mail; 2. Ifyou do not view and download your documents during your “free look” and within 15 days of when the court sends the e-mail notice, you will be charged for looking at the documents; 3. This service does not allow you to electronically file your documents; 4. It will be your duty to regularly review the docket sheet of the case.3 1 Public Access to Court Electronic Records (PACER) (www.pacer.uscourts.gov) is an electronic public access service that allows users to obtain case and docket information from federal appellate, district, and bankruptcy courts, and the PACER Case Locator over the internet. 2 You must review the Court’s actual order, decree, or judgment and not rely on the description in the email notice alone. See ECF Rule 4.3 3 The docket sheet is the official record of all filings in a case. You can view the docket sheet, including images of electronically filed documents, using PACER or you can use one of the public access computers available in the Clerk’s Office at the Court. PRO SE INTAKE WINDOW LOCATIONS: 40 FOLEY SQUARE | NEW YORK, NY 10007 300 QUARROPAS STREET | WHITE PLAINS, NY 10601 MAILING ADDRESS: 500 PEARL STREET | NEW YORK, NY 10007 CONSENT TO ELECTRONIC SERVICE I hereby consent to receive electronic service of notices and documents in my case(s) listed below. I affirm that: 1. I have regular access to my e-mail account and to the internet and will check regularly for Notices of Electronic Filing; 2. I have established a PACER account; 3. I understand that electronic service is service under Rule 5 of the Federal Rules of Civil Procedure and Rule 5.2 of the Local Civil Rules, and that I will no longer receive paper copies of case filings, including motions, decisions, orders, and other documents; 4. I will promptly notify the Court if there is any change in my personal data, such as name, address, or e-mail address, or if I wish to cancel this consent to electronic service; 5. I understand that I must regularly review the docket sheet of my case so that I do not miss a filing; and 6. I understand that this consent applies only to the cases listed below and that if I file additional cases in which I would like to receive electronic service of notices of documents, I Civil casmeu(sst) ffiillee cdo inns ethnet fSoorumtsh feorrn t hDoissetr ciacts eosf. New York: Please list all your pending and terminated cases to which you would like this consent to apply. For each case, include the case name and docket number (for example, John Doe v. New City, 10- CV-01234). Name (Last, First, MI) Address City State Zip Code Telephone Number E-mail Address Date Signature Click Here to Save

Reference

Full Case Name
Carlos Anibal Chalco-Beltran v. LaDeon Francis, in his official capacity as Acting Field Office Director of New York Immigration and Customs Enforcement, et al.
Status
Unknown