Sloane v. Daye
- Laura Swain
- 7:25-cv-04583
- U.S. District Court · Southern District of New York
- 4
In Sloane v. Daye, Judge Swain gave petitioner 30 days to pay the filing fee or apply to proceed without prepayment.
Derek Sloane must either pay the $5 filing fee or submit an IFP application within 30 days, or his action will be dismissed.
What happened
In Sloane v. Daye, Derek Sloane filed a petition for a writ of habeas corpus without a lawyer, but did not pay the $5 filing fee or submit an application to proceed without prepaying fees.
The court ordered Sloane to pay the fee or submit a completed, signed application within 30 days. No summons will issue yet. If Sloane complies, the case will be processed; if he does not, the action will be dismissed.
Chief United States District Judge Laura Taylor Swain also ruled that any appeal from this 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
- Sloane v. Daye · No. 7:25-cv-04583
- Laura Swain
- June 16, 2025
Background
Derek Sloane, proceeding without a lawyer, filed a petition for a writ of habeas corpus against Supt. Michael Daye. The opinion does not describe the petition’s underlying claims. Sloane submitted the petition without paying the required $5 filing fee and without submitting an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court ordered Sloane, within 30 days of June 16, 2025, to do one of two things: pay the $5 filing fee or complete and submit the attached IFP application. If the court grants the application, Sloane may proceed without paying the fees in advance. The application must identify docket number 1:25-CV-4583 (LTS).
The court directed that no summons issue at this time. If Sloane complies with the order, the case will be processed under the procedures of the Clerk’s Office. If he does not comply within the allowed time, the action will be dismissed.
Appeal and Disposition
Chief United States District Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The order addressed filing requirements and did not decide the merits of Sloane’s habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.