Mitchell v. Miller
- Gregory Woods
- 1:21-cv-04744
- U.S. District Court · Southern District of New York
- 2
In Mitchell v. Miller, Judge Swain ordered the petitioner to pay the $5 fee or submit an IFP application within 30 days or face dismissal.
Kwaime Mitchell must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days. The respondent, Supt. Mark Miller, was not required to answer at this stage.
What happened
In Mitchell v. Miller, Kwaime Mitchell filed a habeas petition without paying the required filing fee or submitting an application to proceed without prepaying fees. The opinion identifies Mitchell as representing himself.
The court gave Mitchell 30 days to pay the $5 filing fee or submit a signed application to proceed without prepayment. The court said no response from the respondent was required at that time.
If Mitchell complies, the case will proceed under the Clerk’s Office procedures; if he does not, the action will be dismissed. Judge Laura Taylor Swain also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Mitchell v. Miller · No. 1:21-cv-04744
- Gregory Woods
- June 2, 2021
Background
Kwaime Mitchell, proceeding without a lawyer, filed a petition for a writ of habeas corpus. He did not submit the $5 filing fee or an application to proceed without prepaying fees.
Court’s Order
The court ordered Mitchell, within 30 days of the order, to either pay the $5 filing fee or complete and submit a signed application to proceed without prepayment of fees. The court explained that, if the application is granted, Mitchell may proceed without paying the fee in advance. The application should identify docket number 21-CV-4744 (LTS).
The Clerk of Court was directed to mail the order to Mitchell and record service on the docket. The court stated that the respondent did not need to file an answer at that time. If Mitchell complies, the case will be processed under the Clerk’s Office procedures; if he does not comply within the allowed time, the action will be dismissed.
Disposition
Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. This order addressed the filing-fee requirement and did not decide the substance of Mitchell’s habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.