Scott v. Carter
- Laura Swain
- 1:22-cv-10705
- U.S. District Court · Southern District of New York
- 4
In Scott v. Carter, Judge Swain ordered Willie Scott to pay the $5 filing fee or submit an application to proceed without prepaying fees within 30 days.
Willie Scott must either pay the $5 filing fee or submit the required application within 30 days; otherwise, the action will be dismissed. Warden Carter was not required to answer at this stage.
What happened
In Scott v. Carter, Willie Scott filed a petition in federal court without paying the required $5 filing fee or submitting an application to proceed without prepaying fees.
The court gave Scott 30 days from the order’s date to pay the fee or submit the completed application. No response from Warden Carter was required at that time. The court said the case would be dismissed if Scott did not comply.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Scott v. Carter · No. 1:22-cv-10705
- Laura Swain
- Dec. 22, 2022
Background
Willie Scott, representing himself, filed a petition for a writ of habeas corpus without paying the $5 filing fee and without submitting an application to proceed without prepaying fees. The opinion does not decide the substance of Scott’s petition.
Court’s Order
The court ordered Scott, within 30 days of the order’s date, to do one of two things:
1. Pay the $5 filing fee; or 2. Complete and submit the attached application to proceed without prepaying fees.
The application had to identify docket number 22-CV-10705 (LTS). If the court granted the application, Scott would be allowed to proceed without paying fees in advance. The court stated that no answer from Warden Carter was required at that time and that the case would be processed under the Clerk’s Office procedures if Scott complied. If he did not comply within the allowed time, the action would be dismissed.
Appeal and Disposition
Judge Laura Taylor Swain certified that any appeal from this order would not be taken in good faith. The court therefore denied permission to appeal without prepaying fees. This order is a procedural filing-fee and application requirement; it does not rule on the merits of Scott’s petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.