Ferebe v. Jamison
- James Oetken
- 1:24-cv-05931
- U.S. District Court · Southern District of New York
- 2
In Ferebe v. Jamison, Judge Swain ordered a $5 fee or fee-waiver application within 30 days and warned noncompliance would lead to dismissal.
Petitioner Donald Lee Ferebe, who must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days to avoid dismissal of the action.
What happened
In Ferebe v. Jamison, Petitioner Donald Lee Ferebe filed a petition for a writ of habeas corpus without paying the required filing fee or submitting an application to proceed without prepaying fees.
The court ordered Ferebe to pay the $5 filing fee or submit a signed fee-waiver application within 30 days. No response from the respondent was required at this stage.
Judge Laura Taylor Swain warned that the case would be dismissed if Ferebe did not comply. The court also denied permission to appeal without prepaying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Ferebe v. Jamison · No. 1:24-cv-05931
- James Oetken
- Aug. 8, 2024
Background
Petitioner Donald Lee Ferebe, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not address the substance of that petition. Ferebe did not submit the required $5 filing fee or a signed application to proceed without prepaying fees.
Order
The court directed Ferebe, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. If the court grants that application, Ferebe may proceed without paying the fee in advance. The application must identify docket number 24-CV-5931 (LTS).
The court stated that no answer from Respondent Warden Jamison was required at that time. If Ferebe complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the permitted time, the action will be dismissed.
Appeal and classification
The court certified that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. This is a procedural order concerning payment of the filing fee and the application to proceed without prepaying fees; it does not decide the habeas petition’s merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.