Jackson v. Capra
- Lorna Schofield
- 1:22-cv-03357
- U.S. District Court · Southern District of New York
- 2
In Jackson v. Capra, Judge Swain ordered the pro se petitioner to pay the fee or seek permission to proceed without prepaying it.
Raphael Jackson, the petitioner, must either pay the $5 filing fee or submit an application to proceed without prepaying fees within 30 days; otherwise, the action will be dismissed.
What happened
In Jackson v. Capra, Raphael Jackson filed a petition for a writ of habeas corpus without paying the required $5 filing fee or submitting an application to proceed without prepaying court fees.
The court gave Jackson 30 days to pay the fee or submit a signed application for permission to proceed without prepaying it. The court said no response from Michael Capra was required yet and warned that the case would be dismissed if Jackson did not comply.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to proceed without prepaying appeal fees. The order did not decide the habeas petition itself.
The detailed version
- Jackson v. Capra · No. 1:22-cv-03357
- Lorna Schofield
- Apr. 28, 2022
Background
Raphael Jackson, who was proceeding without a lawyer, filed a petition for a writ of habeas corpus against Michael Capra, identified in the opinion as a superintendent. Jackson submitted the petition without the $5 filing fee and without an application to proceed without prepaying court fees.
Order
The court ordered Jackson, within 30 days, to do one of two things: pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. The court explained that, if it granted the application, Jackson could proceed without paying the fee in advance. The application had to include docket number 22-CV-3357 (LTS).
The court stated that Capra did not need to submit an answer at that time. If Jackson complied, the Clerk’s Office would process the case under its procedures. If Jackson failed to comply within the allowed time, the action would be dismissed.
Disposition
Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not address the merits of Jackson’s habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.