Boynton v. Andersen
- Laura Swain
- 7:25-cv-05648
- U.S. District Court · Southern District of New York
- 2
In Boynton v. Andersen, Judge Swain ordered Marquise Boynton to pay $5 or submit an IFP application within 30 days; the case was not yet decided.
Marquise Boynton must either pay the $5 filing fee or submit a signed IFP application within 30 days; Lisa Andersen was not required to answer at this stage.
What happened
In Boynton v. Andersen, Marquise Boynton filed a petition for a court order under the federal habeas law but did not pay the $5 filing fee or submit an application to proceed without prepaying court fees.
The court gave Boynton 30 days from July 10, 2025, to pay the fee or submit a signed application to proceed without prepayment. No response from Lisa Andersen was required at this stage.
Judge Laura Taylor Swain ordered that the case would proceed under the clerk’s procedures if Boynton complied, but would be dismissed if Boynton did not. The court also denied permission to proceed without prepaying fees for any appeal from this order.
The detailed version
- Boynton v. Andersen · No. 7:25-cv-05648
- Laura Swain
- July 10, 2025
Background
Marquise Boynton, who is representing themself, filed a petition for a writ of habeas corpus. The opinion does not describe the underlying claims. Boynton submitted the petition without paying the required $5 filing fee and without submitting an application to proceed in forma pauperis (without prepaying court fees), referred to as an IFP application.
Order
The court ordered Boynton, within 30 days of the order’s date, to do one of two things: pay the $5 filing fee or complete and submit the attached signed IFP application. Any IFP application was to identify docket number 25-CV-5648 (LTS). If the court grants the application, Boynton may proceed without prepaying fees.
The court stated that no answer from Lisa Andersen was required at that time. If Boynton complies with the order, the case will be processed under the procedures of the Clerk’s Office. If Boynton does not comply within the allowed time, the action will be dismissed.
Appeal
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal.
Disposition and Scope
This is a procedural order about payment of the filing fee or submission of an IFP application. It does not decide the merits of Boynton’s habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.