Morris v. Wolcott
- Paul Engelmayer
- 1:22-cv-00052
- U.S. District Court · Southern District of New York
- 2
In Morris v. Wolcott, Judge Swain ordered Keith Morris to pay the fee or submit an IFP application within 30 days.
Keith Morris must either pay the $5.00 filing fee or submit a signed application to proceed without prepaying fees within 30 days; otherwise, the action will be dismissed. Julie Wolcott was not required to answer at this time.
What happened
In Morris v. Wolcott, Keith Morris filed a habeas petition without paying the $5 filing fee or submitting an application to proceed without prepaying fees.
The court ordered Morris, within 30 days, to either pay the fee or submit a signed application to proceed without prepayment. No response from Julie Wolcott was required at that time, and the case would be processed if Morris complied; otherwise, the action would be dismissed.
Judge Laura Taylor Swain also ruled that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Morris v. Wolcott · No. 1:22-cv-00052
- Paul Engelmayer
- Jan. 19, 2022
Background
Keith Morris, representing himself, filed a petition asking for habeas corpus relief. The opinion states that he submitted the petition without the required $5.00 filing fee and without an application to proceed without prepaying fees.
Order
The court ordered Morris to take one of two actions within 30 days of the order: pay the $5.00 filing fee or complete and submit the attached application to proceed without prepayment of fees. If the court grants that application, Morris may proceed without paying the fee in advance. The application was to identify docket number 22-CV-0052 (LTS).
The court stated that no answer from Julie Wolcott was required at that time. If Morris complied, the Clerk’s Office would process the case under its procedures. If he did not comply within the allowed time, the action would be dismissed.
Appeal and disposition
The court certified that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The Clerk of Court was directed to mail the order to Morris and record service on the docket. This opinion is a procedural order addressing the filing fee or fee-waiver application; it does not decide the underlying habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.