Latimore v. Clinton County
- Laura Swain
- 1:24-cv-04276
- U.S. District Court · Southern District of New York
- 4
Latimore v. Clinton County: Judge Swain ordered Theodore Latimore to pay $5 or submit an application to proceed without prepaying fees within 30 days or face dismissal.
Theodore Latimore must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days; otherwise, his action will be dismissed. Clinton County was not required to answer at this time.
What happened
In Latimore v. Clinton County, Theodore Latimore filed a petition for a court order concerning detention without paying the required $5 filing fee or submitting an application to proceed without prepaying fees. The opinion states that Latimore was proceeding without a lawyer.
The court gave Latimore 30 days from June 17, 2024, to either pay the filing fee or submit a signed application. If he submits the application and the court grants it, he may proceed without paying the fee in advance. The court did not require Clinton County to answer at this time.
Judge Laura Taylor Swain ordered that the case would be processed under the Clerk’s Office procedures if Latimore complied, but that the action would be dismissed if he did not. She also denied permission to appeal without prepaying fees, certifying that an appeal from the order would not be taken in good faith.
The detailed version
- Latimore v. Clinton County · No. 1:24-cv-04276
- Laura Swain
- June 17, 2024
Background
Theodore Latimore filed a petition for a writ of habeas corpus, a court proceeding seeking relief from allegedly unlawful custody or detention. He was proceeding without a lawyer. The opinion does not describe the underlying habeas claim.
Filing fee or fee-waiver application
The court explained that a habeas petitioner must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees. Latimore submitted the petition without either the fee or the application.
The court ordered Latimore, within 30 days of June 17, 2024, to do one of two things: pay the $5 filing fee or complete and submit the attached application. The application had to identify docket number 24-CV-4276 (LTS). If the court grants the application, Latimore may proceed without paying the fee in advance.
Effect on the case
The court stated that no answer from Clinton County was required at that time. If Latimore complies with the order, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal-related ruling
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 for purposes of an appeal. The order did not decide the merits of Latimore’s habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.