Sloane v. Superintendent Michael Daye
- Laura Swain
- 1:25-cv-07479
- U.S. District Court · Southern District of New York
- 2
In Derek Sloane v. Superintendent Michael Daye, Chief Judge Swain ordered payment or a fee-waiver application within 30 days.
Derek Sloane, who must either pay the $5 filing fee or submit an IFP application within 30 days to avoid dismissal.
What happened
Derek Sloane v. Superintendent Michael Daye concerns a petition that Sloane filed without a lawyer asking for habeas-corpus relief.
Sloane did not pay the required $5 filing fee or submit an application to proceed without paying the fee. The opinion does not address the substance of his petition.
Chief Judge Laura Taylor Swain ordered Sloane, within 30 days, to pay the fee or submit the application. No response from the Superintendent was required yet; failure to comply will result in dismissal, and fee-free status was denied for any appeal from this order.
The detailed version
- Sloane v. Superintendent Michael Daye · No. 1:25-cv-07479
- Laura Swain
- Sept. 15, 2025
Background
Derek Sloane, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not describe the underlying claims or the relief Sloane seeks.
Filing Fee and Fee-Waiver Application
A habeas petitioner must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees, commonly called an application to proceed in forma pauperis, or IFP. Sloane submitted neither the fee nor an IFP application.
Ruling
Chief United States District Judge Laura Taylor Swain ordered Sloane to pay the $5 filing fee or submit a completed, signed IFP application within 30 days of the order. If the court grants the application, Sloane may proceed without prepaying fees. No answer from Superintendent Michael Daye was required at this stage. The court stated that the action will be dismissed if Sloane does not comply within the allowed time. The court also certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.
Effect of the Order
This order addressed the filing requirements and did not decide the merits of Sloane’s habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.