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
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Sf. EE a NO
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6 iT £/ Southern District of New York
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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