Carter v. Miller
- Edgardo Ramos
- 1:21-cv-02680
- U.S. District Court · Southern District of New York
- 2
In Carter v. Miller, Judge McMahon ordered Carter to pay the filing fee or submit an application to proceed without prepayment.
Elliot Carter was required to pay the filing fee or submit an application to proceed without prepayment within 30 days. The case could be dismissed if he did not comply. Christopher Miller was not required to answer at that time.
What happened
In Carter v. Miller, Elliot Carter filed a petition for a writ of habeas corpus without paying the required filing fee or submitting an application to proceed without prepayment.
The court gave Carter 30 days to pay the $5 filing fee or submit a signed application showing that he seeks permission to proceed without prepayment. The court said no response from Christopher Miller was required at that time and warned that the case would be dismissed if Carter did not comply.
Chief Judge Colleen McMahon also ruled that any appeal from this order could not proceed without prepaying appeal fees because it would not be taken in good faith.
The detailed version
- Carter v. Miller · No. 1:21-cv-02680
- Edgardo Ramos
- Apr. 1, 2021
Background
Elliot Carter, representing himself, filed a petition for a writ of habeas corpus. The opinion says that a petitioner seeking to proceed with such a petition must either pay a $5 filing fee or submit a signed application to proceed in forma pauperis (without prepaying fees). Carter submitted neither the fee nor an application.
Order
The court ordered Carter, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached application to proceed without prepayment. The application was to include docket number 21-CV-2680 (CM). The court explained that, if it granted the application, Carter could proceed without prepaying fees.
The Clerk of Court was directed to mail the order to Carter and record service on the docket. The court stated that Christopher Miller was not required to answer at that time. If Carter complied, the case would be processed under the Clerk's Office procedures; if he failed to comply within the allowed time, the action would be dismissed.
Appeal-fee ruling
Chief Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. The court therefore denied permission to appeal without prepaying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.