Cohen v. Jamison
- Andrew Carter
- 1:24-cv-05037
- U.S. District Court · Southern District of New York
- 2
In Cohen v. Jamison, Judge Swain ordered Jeffrey Cohen to pay the fee or submit an application to proceed without prepayment.
Jeffrey Cohen, who filed the petition without counsel; the order also identifies J. L. Jamison as the respondent.
What happened
In Cohen v. Jamison, Jeffrey Cohen filed a petition asking for habeas-corpus relief but did not pay the $5 filing fee or submit an application to proceed without prepaying court fees.
The court gave Cohen 30 days to pay the fee or submit a signed application to proceed without prepayment. No response from J. L. Jamison was required at this stage. If Cohen did not comply, the action would be dismissed without prejudice.
Judge Laura Taylor Swain also ruled that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the petition’s underlying claims.
The detailed version
- Cohen v. Jamison · No. 1:24-cv-05037
- Andrew Carter
- July 3, 2024
Background
Jeffrey Cohen, representing himself, filed a petition for a writ of habeas corpus, a legal request asking a court to review the lawfulness of a person's custody or detention. The opinion does not describe the underlying claims. Cohen submitted the petition without paying the required $5 filing fee and without submitting an application to proceed without prepaying court fees.
Court’s directive
The court ordered Cohen, within 30 days of the order, to either pay the $5 filing fee or complete and submit a signed application to proceed without prepayment of fees. The application was to include docket number 24-CV-5037 (LTS). If the court granted the application, Cohen could proceed without prepaying fees. The court stated that no answer from J. L. Jamison was required at that time.
Disposition
The court directed Cohen to meet the fee or application requirement. If he failed to comply within the allowed time, the action would be dismissed without prejudice, meaning the order expressly left open the possibility of refiling. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Laura Taylor Swain did not decide the merits of Cohen’s habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.