Dupree v. Rickard
- Laura Swain
- 1:25-cv-04174
- U.S. District Court · Southern District of New York
- 2
In Dupree v. Rickard, Judge Swain ordered David Dupree to pay the filing fee or submit an IFP application within 30 days.
David Dupree, who must pay the filing fee or submit a signed fee-waiver application within 30 days to avoid dismissal of the action.
What happened
David Dupree filed a petition for a writ of habeas corpus against Warden E. Rickard without paying the $5 filing fee or submitting an application to proceed without prepaying fees.
Judge Swain ordered Dupree, who is representing himself, to pay the fee or submit a signed application within 30 days. If he does neither, the case will be dismissed; no response from the warden is required yet.
The order did not decide the petition’s underlying issues. Judge Laura Taylor Swain also ruled that an appeal from this order would not qualify for fee-free status because it would not be taken in good faith.
The detailed version
- Dupree v. Rickard · No. 1:25-cv-04174
- Laura Swain
- May 22, 2025
Background
David Dupree filed a petition for a writ of habeas corpus against Warden E. Rickard. Dupree is proceeding without a lawyer. He submitted the petition without paying the required $5.00 filing fee and without submitting an application to proceed without prepaying court fees.
Order
The court ordered Dupree to do one of two things within 30 days of the order: pay the $5.00 filing fee, or complete and submit a signed application to proceed without prepaying fees. The application must include docket number 25-CV-4174 (LTS). If the court grants the application, Dupree may proceed without prepaying fees.
The court stated that no response from the warden was required at that time. If Dupree complies, 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 and disposition
The court certified that any appeal from this order would not be taken in good faith and denied fee-free status for an appeal. The order did not address the merits of Dupree’s petition or require an answer from the respondent.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.