Johnson v. Capra
- Laura Swain
- 1:22-cv-10754
- U.S. District Court · Southern District of New York
- 2
In Johnson v. Capra, Judge Swain ordered Johnson to pay $5 or submit an application to proceed without prepaying fees.
Darryl Johnson, who must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days.
What happened
In Johnson v. Capra, Darryl Johnson filed a habeas petition without paying the $5 filing fee or submitting an application to proceed without prepaying fees. He was representing himself.
The court gave Johnson 30 days from December 21, 2022, to either pay the fee or submit a signed application labeled with the case number. The court did not require a response from the respondent at this time.
Judge Swain ordered the case to continue through the court clerk’s procedures if Johnson complies and stated that the action will be dismissed if he does not. She also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Johnson v. Capra · No. 1:22-cv-10754
- Laura Swain
- Dec. 21, 2022
Background
Darryl Johnson, proceeding without a lawyer, filed a petition for a writ of habeas corpus against M. Capra, identified in the caption as Superintendent of the Sing Sing Correctional Facility. Johnson submitted the petition without the required $5 filing fee and without an application asking to proceed without prepaying court fees.
Order
The court directed Johnson, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. The application had to include docket number 22-CV-10754 (LTS). The court explained that, if it grants the application, Johnson may proceed without paying fees in advance.
The court stated that no answer from the respondent was required at that time. If Johnson 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
Judge Laura Taylor Swain certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order addresses filing-fee requirements and does not decide the habeas petition’s underlying merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.