Murphy v. The People of the State of New York
- Laura Swain
- 1:25-cv-06346
- U.S. District Court · Southern District of New York
- 2
In Murphy v. The People of the State of New York, Judge Swain ordered Teresa Elizabeth Murphy to pay the filing fee or request a fee waiver within 30 days.
Teresa Elizabeth Murphy must pay the $5 filing fee or submit an IFP application within 30 days; failure to comply will result in dismissal of the action. The respondent is not required to answer at this time.
What happened
Murphy v. The People of the State of New York is Teresa Elizabeth Murphy’s petition asking for a writ of habeas corpus. She is representing herself and submitted the petition without the required $5 filing fee or a signed application to proceed without paying the fee in advance.
The court ordered Murphy, within 30 days, either to pay the $5 fee or submit the attached fee-waiver application. No response from the People of the State of New York is required at this stage. If Murphy does not comply within the deadline, the action will be dismissed.
Judge Laura Taylor Swain also certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for any appeal.
The detailed version
- Murphy v. The People of the State of New York · No. 1:25-cv-06346
- Laura Swain
- Aug. 5, 2025
Background
Teresa Elizabeth Murphy, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not decide the substance of that petition. Murphy did not pay the $5 filing fee and did not submit a signed application to proceed in forma pauperis (IFP), meaning to proceed without prepaying court fees.
Order
The court ordered Murphy to do one of two things within 30 days of the order’s date: pay the $5 filing fee or complete and submit the attached IFP application. If the court grants the IFP application, Murphy may proceed without prepaying fees. The application should identify docket number 25-CV-6346 (LTS).
The court stated that no answer from the respondent is required at this time. If Murphy complies with the order, the Clerk’s Office will process the case under its procedures. If she does not comply within the permitted time, the action will be dismissed.
Appeal and Disposition
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith. The court therefore denied IFP status for purposes of an appeal. This order addresses filing requirements and does not resolve the habeas petition’s underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.