Brown v. State of New York
- Paul Engelmayer
- 1:22-cv-06371
- U.S. District Court · Southern District of New York
- 2
In Brown v. State of New York, Judge Swain ordered Noel Brown to pay the filing fee or submit an IFP application within 30 days.
Noel Brown, the petitioner proceeding without a lawyer; the State of New York, the respondent.
What happened
In Brown v. State of New York, Noel Brown filed a petition asking the court to review his detention or conviction through a habeas corpus proceeding. He did not pay the required $5 filing fee or submit an application to proceed without prepaying court fees.
The court gave Brown 30 days to pay the fee or submit a signed application to proceed without prepayment. No response from the State of New York was required at that time. The court stated that the case would be dismissed if Brown did not comply within the deadline.
Chief Judge Laura Taylor Swain also certified that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the habeas petition itself.
The detailed version
- Brown v. State of New York · No. 1:22-cv-06371
- Paul Engelmayer
- July 27, 2022
Background
Noel Brown, proceeding without a lawyer, filed a petition for a writ of habeas corpus against the State of New York. The opinion does not decide the substance of that petition. Brown submitted the petition without paying the $5 filing fee and without submitting an application to proceed without prepaying court fees.
Order
The court ordered Brown, within 30 days of the order, to do one of two things: pay the $5 filing fee or complete and submit a signed application to proceed without prepayment of fees. If the court grants the application, Brown may proceed without paying the fee in advance. The application must identify docket number 22-CV-6371 (LTS).
The court stated that no answer from the State of New York was required at that time. If Brown 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.
Appeal and classification
Chief Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith. The court therefore denied permission to appeal without prepaying fees. This was an administrative filing-fee and fee-waiver order; it did not reach the merits of Brown’s habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.