Wilson v. John/Jane Doe

Background

Jeffrey Wilson, representing himself, filed a petition for a writ of habeas corpus, a court request challenging the legality of custody or detention. The opinion does not decide the substance of that petition. Wilson submitted it without the required filing fee and without an application to proceed without prepayment of fees.

Fee or Application Requirement

The court explained that a habeas petitioner must either pay the $5 filing fee or submit a signed application to proceed without prepayment under 28 U.S.C. §§ 1914 and 1915. The court gave Wilson 30 days from the date of the order to pay the fee or submit the attached application. If the court grants the application, Wilson may proceed without paying the fee in advance.

Order and Effect

The court directed the clerk to mail Wilson a copy of the order and record service on the docket. No answer from John/Jane Doe was required at that stage. The court stated that the case would be processed under the clerk’s procedures if Wilson complied, but that the action would be dismissed if he failed to comply within the allowed time. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepayment for purposes of an appeal. Judge Laura Taylor Swain signed the order.