Stanley v. Jamison
- Andrew Carter
- 1:22-cv-09769
- U.S. District Court · Southern District of New York
- 4
Stanley v. Pliler W.S. Warden: Judge Swain ordered payment of the filing fee or submission of an application to proceed without prepaying fees.
Aaron R. Stanley must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days; otherwise, the action will be dismissed. The respondent was not required to answer at this stage.
What happened
In Stanley v. Pliler W.S. Warden, Aaron R. Stanley filed a petition asking the court to review his detention, but did not pay the required filing fee or submit an application to proceed without prepaying fees.
The court gave Stanley 30 days to pay the $5 filing fee or submit a signed application. No response from the respondent was required at that time. If Stanley did not comply, the action would be dismissed.
Chief Judge Laura Taylor Swain issued the order and denied permission to proceed without prepaying fees for any appeal from the order, after certifying that such an appeal would not be taken in good faith. The order did not decide the petition’s underlying claims.
The detailed version
- Stanley v. Jamison · No. 1:22-cv-09769
- Andrew Carter
- Nov. 17, 2022
Background
Aaron R. Stanley, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion states that he submitted the petition without the required $5 filing fee and without an application to proceed without prepaying fees.
Order
The court directed Stanley, within 30 days of the order, to do one of two things: pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. If the court grants that application, Stanley may proceed without paying the fees in advance. The application was to identify docket number 22-CV-9769 (LTS).
The court stated that no answer from the respondent was required at that time. If Stanley complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the allowed time, the action would be dismissed.
Disposition and Classification
Chief Judge Laura Taylor Swain ordered Stanley to pay the filing fee or submit the application. The court also certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for such an appeal. The order did not reach the merits of Stanley’s habeas petition, so this is a procedural order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.