Kemp v. Noeth
- Colleen McMahon
- 1:20-cv-10012
- U.S. District Court · Southern District of New York
- 2
In Kemp v. Noeth, Judge McMahon ordered pro se petitioner Kemp to pay a $5 fee or submit an IFP application within 30 days.
Gary Kemp was required to pay the filing fee or submit an application to proceed without prepaying fees within 30 days; the case could be dismissed if he did not comply.
What happened
In Kemp v. Noeth, Gary Kemp filed a petition for a writ of habeas corpus without paying the required $5 filing fee or submitting an application to proceed without prepaying fees.
The court ordered Kemp to pay the fee or submit a signed application within 30 days. If he does not comply, the action will be dismissed; no answer from Joseph Noeth was required at that time.
Chief Judge Colleen McMahon also ruled that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
The detailed version
- Kemp v. Noeth · No. 1:20-cv-10012
- Colleen McMahon
- Nov. 30, 2020
Background
Gary Kemp, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not decide the substance of that petition. Kemp submitted it without the $5 filing fee and without an application to proceed without prepaying fees.
Order
The court directed Kemp, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. The application had to identify docket number 20-CV-10012 (CM). The court stated that, if it granted the application, Kemp could proceed without prepaying fees. The clerk was directed to mail the order to Kemp and record service on the docket. No answer was required at that time. If Kemp failed to comply within the allowed time, the action would be dismissed.
Appeal and disposition
Chief Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) 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 addressed filing requirements and did not reach the merits of Kemp's habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.