Sewell v. Jamison
- Laura Swain
- 1:24-cv-04505
- U.S. District Court · Southern District of New York
- 4
In Sewell v. Jamison, Judge Swain ordered Sewell to pay the filing fee or submit an IFP application within 30 days.
David Sewell must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days. If he does not comply, the action will be dismissed; the opinion does not impose a present requirement on J.L. Jamison because no summons will issue at this time.
What happened
David Sewell filed a petition for a writ of habeas corpus against J.L. Jamison without paying the $5 filing fee or submitting an application to proceed without prepaying fees.
The court gave Sewell 30 days to pay the fee or submit a signed application to proceed without prepaying fees. No summons will issue at this time, and the action will be dismissed if he does not comply.
Judge Swain also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the habeas petition’s underlying claims.
The detailed version
- Sewell v. Jamison · No. 1:24-cv-04505
- Laura Swain
- June 17, 2024
Background
David Sewell, proceeding without a lawyer, filed a petition for a writ of habeas corpus against J.L. Jamison. The opinion does not describe the petition’s underlying claims. Sewell submitted the petition without the $5 filing fee and without an application to proceed without prepaying fees.
Court’s Order
The court ordered Sewell, within 30 days of the order, either to pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. If the court grants the application, Sewell may proceed without paying the fee in advance. The application must identify docket number 24-CV-4505 (LTS).
No summons will issue at this time. If Sewell complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the time allowed, the action will be dismissed.
Appeal and Disposition
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith. It therefore denied permission to appeal without prepaying fees. This order addresses the filing fee and fee-waiver application; it does not decide the merits of Sewell’s habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.