Dupont v. United States

Background

Tyquan Dupont, representing himself, filed what the court said appeared to be a petition for a writ of habeas corpus. The opinion does not describe the underlying claims or the relief Dupont seeks. The petition was submitted without the required $5 filing fee and without an application to proceed without prepaying fees.

Court’s Analysis and Order

The court explained that a person filing a habeas petition must either pay the $5 filing fee or submit a signed application requesting permission to proceed without prepayment. The court ordered Dupont, within 30 days of the order’s date, to do one of those two things. If he submitted the application, it had to identify docket number 22-CV-10757 (LTS). If the court granted the application, Dupont could proceed without paying fees in advance.

The court stated that no answer from the United States was required at that time. If Dupont complied, the case would be processed under the Clerk’s Office procedures. If he did not comply within the allowed time, the action would be dismissed.

Disposition

Chief Judge Laura Taylor Swain directed Dupont to pay the filing fee or submit the required application. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepayment of fees for purposes of an appeal. The order did not decide the merits of Dupont’s apparent habeas petition.