Richardson v. Miller

Background

James Richardson filed a petition for a writ of habeas corpus, a court proceeding seeking relief from allegedly unlawful custody or detention. The opinion states that Richardson was proceeding without a lawyer. Mark Miller is identified as the superintendent of the Green Haven Correctional Facility and the respondent.

The Court’s Order

The court explained that a person filing a habeas petition must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees, commonly called an IFP application. Richardson submitted the petition without either the fee or the application.

The court gave Richardson 30 days from the date of the order to pay the fee or complete and submit the attached application. If the court grants the application, Richardson may proceed without paying the fees in advance. The court stated that no response from Mark Miller was required at that time and that the case would be processed under the Clerk’s Office procedures if Richardson complied. If he did not comply within the allowed time, the action would be dismissed.

The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Laura Taylor Swain signed the order as Chief United States District Judge.

Disposition and Classification

The court entered an order directing payment of fees or submission of an IFP application; it did not decide the substance of Richardson’s habeas petition. The order states that the action would be dismissed if Richardson failed to comply, but it does not state that the dismissal had already occurred.