Blanding v. Miller
- Laura Swain
- 1:22-cv-02293
- U.S. District Court · Southern District of New York
- 2
In Blanding v. Miller, Chief Judge Swain ordered a $5 filing fee or IFP application within 30 days, or the case will be dismissed.
The petitioner, David Grant/Blanding, must 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.
What happened
In Blanding v. Miller, the petitioner filed a petition for a writ of habeas corpus without paying the $5 filing fee or submitting an application to proceed without prepaying fees.
The court ordered the petitioner, within 30 days, to either pay the fee or submit a signed application to proceed without prepaying fees. The court said no response from the respondent was required at that time and that the case would be processed if the petitioner complied; otherwise, the action would be dismissed.
Chief Judge Laura Taylor Swain also denied permission to proceed without prepaying fees for any appeal from this order, certifying that such an appeal would not be taken in good faith.
The detailed version
- Blanding v. Miller · No. 1:22-cv-02293
- Laura Swain
- Mar. 30, 2022
Background
Petitioner David Grant/Blanding, proceeding without a lawyer, filed a petition for a writ of habeas corpus against Supt. Miller, Green Haven C.F. The petition was submitted without the required $5.00 filing fee and without an application to proceed without prepaying court fees.
Order
The court directed the petitioner, within 30 days of the order, to either pay the $5.00 filing fee or complete and submit the attached application to proceed without prepaying fees. The application had to be signed and labeled with docket number 22-CV-2293 (LTS). The court explained that, if it granted the application, the petitioner could proceed without prepaying the fee.
The court stated that no answer from the respondent was required at that time. If the petitioner complied, the case would be processed under the Clerk’s Office procedures. If the petitioner did not comply within the allowed time, the action would be dismissed.
Ruling and effect
Chief United States District Judge Laura Taylor Swain ordered payment of the filing fee or submission of an application to proceed without prepaying fees. The order did not decide the substance of the habeas petition. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.