Simpson v. Keyser
- Alison Nathan
- 1:20-cv-06408
- U.S. District Court · Southern District of New York
- 2
In Simpson v. Keyser, Judge McMahon ordered Theodore Simpson to pay the filing fee or submit an IFP application.
The order directly affects Theodore Simpson by requiring him to pay the filing fee or submit an application to proceed without prepaying fees. It also directs the clerk to notify him and states that William F. Keyser need not answer at this time.
What happened
Simpson v. Keyser concerns Theodore Simpson’s filing of what appears to be a petition for a writ of habeas corpus without paying the filing fee or submitting an application to proceed without prepaying fees.
The court gave Simpson 30 days to pay the $5 filing fee or submit a signed application to proceed without prepayment. The court said no response from William F. Keyser was required at that time.
Judge Colleen McMahon ordered the clerk to mail the order to Simpson and record service. The court said the petition would be processed if Simpson complied, but would be denied if he did not. The court also denied permission to proceed without prepaying fees for any appeal from the order.
The detailed version
- Simpson v. Keyser · No. 1:20-cv-06408
- Alison Nathan
- Aug. 18, 2020
Background Theodore Simpson, proceeding without a lawyer, filed what appears to be a petition seeking habeas corpus relief against William F. Keyser. Simpson did not submit the required $5 filing fee or an application to proceed without prepaying fees.
Court’s Order The court directed Simpson, within 30 days of the order, either to pay the $5 filing fee or complete and submit the attached application to proceed without prepayment of fees. If Simpson submitted the application, it was to include docket number 1:20-CV-6408 (CM). The court explained that, if the application were granted, Simpson could proceed without prepaying fees.
The clerk was directed to mail Simpson a copy of the order and note service on the docket. The court stated that no answer from Keyser was required at that time. If Simpson complied, the action would be processed under the clerk’s office procedures; if he failed to comply within the permitted time, the petition would be denied.
Appeal and Disposition Judge Colleen McMahon certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not decide the substance of Simpson’s apparent habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.