Adams v. Superintendent
- Laura Swain
- 1:24-cv-06265
- U.S. District Court · Southern District of New York
- 4
In Adams v. Superintendent, Judge Swain ordered Dimetreus Adams to pay the filing fee or submit an IFP application within 30 days.
Dimetreus Adams, who must either pay the $5.00 filing fee or submit an application to proceed without prepaying fees within 30 days; the respondents are not required to answer at this time.
What happened
Dimetreus Adams filed a petition for a writ of habeas corpus without paying the $5 filing fee or submitting an application to proceed without prepaying fees. He is representing himself.
The court ordered Adams to pay the fee or submit a signed application within 30 days of the order. If the court grants the application, Adams may proceed without paying the fee in advance; no response from the respondents is required at this time.
If Adams does not comply within the allowed time, the action will be dismissed. Judge Laura Taylor Swain also denied permission to proceed without prepaying fees for any appeal from this order.
The detailed version
- Adams v. Superintendent · No. 1:24-cv-06265
- Laura Swain
- Aug. 22, 2024
Background
Dimetreus Adams filed a petition for a writ of habeas corpus, a legal action challenging the lawfulness of detention or custody. The opinion states that Adams is proceeding without a lawyer. He submitted the petition without the required $5.00 filing fee and without an application to proceed without prepaying fees.
Order
The court ordered Adams, within 30 days of August 22, 2024, to either pay the $5.00 filing fee or complete and submit the attached, signed application to proceed without prepaying fees. The application was to include docket number 24-CV-6265 (LTS). If the court grants the application, Adams will be allowed to proceed without paying the fee in advance.
The court stated that no answer from the respondents was required at that time and that, if Adams complied, the case would be processed under the Clerk’s Office procedures. If Adams failed to comply within the allowed time, the action would be dismissed. The order did not decide the substance of Adams’s habeas petition. Judge Laura Taylor Swain also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.