Winston v. Capra
- Laura Swain
- 1:21-cv-04615
- U.S. District Court · Southern District of New York
- 2
In Winston v. Capra, Chief Judge Swain ordered a $5 payment or fee-waiver application within 30 days, warning of dismissal.
Tyrone Winston, who must either pay the $5 filing fee or submit a signed fee-waiver application within 30 days to avoid dismissal of the action; Michael Capra was not required to answer at this stage.
What happened
Winston v. Capra is a petition by Tyrone Winston, who was representing himself, asking the court for habeas relief. Winston filed the petition without paying the filing fee or submitting an application to proceed without paying it in advance.
The court ordered Winston, within 30 days, to pay the $5 filing fee or submit a signed application requesting permission to proceed without prepaying fees. The court said the case would be dismissed if he did not comply, and that no response from Michael Capra was required at that time.
Chief United States District Judge Laura Taylor Swain also directed the Clerk of Court to mail the order to Winston and denied permission to appeal without prepaying fees. The order did not decide the petition’s underlying claims.
The detailed version
- Winston v. Capra · No. 1:21-cv-04615
- Laura Swain
- May 24, 2021
Background
Tyrone Winston, proceeding without a lawyer, filed a petition for a writ of habeas corpus, a legal procedure for seeking court review of custody. Winston filed the petition without paying the required filing fee and without submitting an application to proceed without prepaying fees. The United States District Court for the Eastern District of New York transferred the matter to this court in an earlier round of the case, identified as No. 21-CV-2495 (E.D.N.Y.).
Court’s Order
The court ordered Winston, within 30 days of May 24, 2021, to do one of two things: pay the $5 filing fee or complete and submit a signed application to proceed without prepaying fees. The application was to identify docket number 21-CV-4615 (LTS). The court explained that, if the application were granted, Winston could proceed without prepaying fees.
The court stated that no answer from Michael Capra was required at that time. If Winston 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.
Other Directions and Disposition
The court directed the Clerk of Court to mail Winston a copy of the order and record service on the docket. The court also certified that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not reach the merits of Winston’s habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.