Carlos Andres Chalco-Beltran v. Ladeon Francis et al.

District Court, S.D. New York

Carlos Andres Chalco-Beltran v. Ladeon Francis et al.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CARLOS ANDRES CHALCO-BELTRAN, Petitioner, 25 Civ. 9208 (PAE) “ve ORDER DIRECTING PAYMENT OF FEE LADEON FRANCIS et al. OR IFP APPLICATION Respondents. PAUL A. ENGELMAYER, United States District Judge: Eva Magdalena Chalco Chango, acting as next friend for Petitioner Carlos Andres Chalco-Beltran (“Chalco-Beltran”), filed the above-captioned petition for a writ of habeas corpus under 28 U.S.C. § 2241. Dkt. 1 (“Petition”). To proceed with a petition for a writ of habeas corpus in this court, a petitioner’s next friend 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, 1915.1 The Petition was submitted without the filing fee or an IFP application. Within 30 days - of the date of this order, Chalco-Beltran’s next friend, Eva Magdalena Chalco Chango, must either pay the $5.00 filing fee or complete and submit the attached IFP application. Payment of the fee 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 1 «TT The person wishing to appear as ‘next friend’ must pay the filing fee or submit a motion to proceed [IFP]” Roberts v. McDonough, No. 3:08 Civ 245, 2008 WL 255737, at *3 (N.D. Fla. June 23, 2008) (Timothy, M.J.). accepted. Payment of the fees also can be made in person at the courthouse by credit card, money order, certified check, or cash. Ifthe IFP application is submitted, it should be labeled with docket number 25-CV-9208 (PAE). 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 vy. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). The Court encourages Chalco-Beltran’s next friend, Eva Magdalena Chalco Chango, to consent to accept service of documents in this case by email by completing the attached form, Consent to Electronic Service.” The Clerk of Court has listed on the docket the mailing address provided for Eva Magdalena Chalco Chango in another petition in this District that she has filed as a next friend. See Carlos Anibal Chalco-Beltran v. LaDeon Francis et al., 25 Civ. 9205 (S.D.N.Y. Nov. 4, 2025). Magdalena Chalco Chango has a different mailing address, she must provide this address to the Court. SO ORDERED. Dated: November 6, 2025 D 2 Loh New York, New York BVA PS. CA HAM y Ve United States District Judge 2 If Chalco-Beltran consents to receive documents in this case by email, Chalco-Beltran will no longer receive these documents by regular mail. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK (Full name(s) of the plaintiff or petitioner applying (each person must submit a separate application) CV ( ) ( ) -against- (Enter case number and initials of assigned judges, if available; if filing this with your complaint, you will not yet have a case number or assigned judges.) (Full name(s) of the defendant(s)/respondent(s).) APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS I am a plaintiff/petitionerin this case and declare that I am unable to pay the costs of these proceedingsand I believe that I am entitled to the relief requested in this action. In support of this applicationto 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, see28 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 forthe 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 Any oth blic benefit 1 t ial it (f) Any other public ene its (unemployment, social security, Cl 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 ina 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: | 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) IFP Application, page 2 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 must file consent forms for those cases. Civil case(s) filed in the Southern District of 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

Status
Unknown