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S.D.N.Y.Procedural orderFiled Jan. 3, 2020

Williams v. Grayson

Judge
Colleen McMahon
Docket
1:19-cv-11664
Court
U.S. District Court · Southern District of New York
Pages
2
HabeasPro SeCivil Procedure
In one sentence

In Williams v. Grayson, Judge McMahon ordered Williams to pay the $5 fee or submit a fee-waiver application within 30 days.

Who this affects

Jamar Williams must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days. Rebecca Grayson was not required to answer at this stage.

What happened

In Williams v. Grayson, Jamar Williams filed a petition asking for a writ of habeas corpus, but he did not pay the required $5 filing fee or submit an application to proceed without prepaying fees.

The court gave Williams 30 days to pay the fee or submit a signed fee-waiver application. The court said that no response from Rebecca Grayson was required yet and warned that the case would be dismissed if Williams did not comply.

Judge Colleen McMahon also denied permission to proceed without prepaying fees for any appeal from this order, finding that such an appeal would not be taken in good faith. The order did not decide the petition’s underlying claims.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Williams v. Grayson · No. 1:19-cv-11664
Judge
Colleen McMahon
Date
Jan. 3, 2020

Background

Jamar Williams, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not describe the petition’s underlying claims. Williams submitted the petition without paying the $5 filing fee and without submitting an application to proceed without prepaying fees.

Order

The court directed Williams, within 30 days of the January 3, 2020 order, to do one of two things: pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. The application was to identify docket number 19-CV-11664 (CM). The court explained that, if it granted the application, Williams could proceed without paying the fee in advance.

The court stated that no answer from Rebecca Grayson was required at that time. If Williams complied, the Clerk’s Office would process the case under its procedures. If he failed to comply within the allowed time, the action would be dismissed.

Disposition

Judge Colleen McMahon ordered Williams to pay the filing fee or submit the required application within 30 days. The order did not rule on the merits of the petition. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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