Morris v. Kopp
- Nelson Roman
- 7:25-cv-02091
- U.S. District Court · Southern District of New York
- 4
In Morris v. Kopp, Judge Swain ordered Derran Morris to pay the fee or submit a fee-waiver application before the case proceeds.
Derran Morris must either pay the $5.00 filing fee or submit a signed application to proceed without prepaying fees within 30 days; failure to comply will result in dismissal of the action.
What happened
Derran Morris filed a petition for a court writ against M. Kopp without paying the $5 filing fee or submitting an application to proceed without prepaying fees. Morris is representing himself.
The order gives Morris 30 days from March 17, 2025, to pay the fee or submit a signed application showing that he cannot afford it. No summons will issue yet. If Morris does not comply within the deadline, the action will be dismissed.
Judge Laura Taylor Swain entered the order and denied fee-waiver status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Morris v. Kopp · No. 7:25-cv-02091
- Nelson Roman
- Mar. 17, 2025
Background
Derran Morris, who is representing himself, filed a petition for a writ of habeas corpus against M. Kopp, identified in the caption as Acting Superintendent. Morris submitted the petition without the required $5.00 filing fee and without an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court ordered Morris, within 30 days of the order, to either pay the $5.00 filing fee or complete and submit the attached IFP application. The order explains that, if the court grants the application, Morris may proceed without paying the filing fee in advance. If Morris is incarcerated, the application instructions require additional information and authorization concerning payment of the filing fee in installments.
The court directed that no summons issue at that time. It stated that, if Morris 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 the order would not be taken in good faith and denied IFP status for purposes of an appeal. Judge Laura Taylor Swain signed the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.