Clark v. Jamison
- Edgardo Ramos
- 1:23-cv-01140
- U.S. District Court · Southern District of New York
- 4
In Clark v. Jamison, Judge Swain ordered the pro se petitioner to pay $5 or submit an IFP application within 30 days.
James Edward Clark must either pay the $5 filing fee or submit a signed IFP application within 30 days to avoid dismissal of the action. Warden Jamison was not required to answer at this time.
What happened
In Clark v. Jamison, James Edward Clark filed a petition for a writ of habeas corpus without paying the $5 filing fee or submitting an application to proceed without prepaying fees.
The court ordered Clark to pay the fee or submit a signed application within 30 days. No response from the respondent was required at that time, but the case would be dismissed if Clark 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
- Clark v. Jamison · No. 1:23-cv-01140
- Edgardo Ramos
- Feb. 14, 2023
Background
James Edward Clark, representing himself, filed a petition for a writ of habeas corpus. He did not submit the $5 filing fee or an application to proceed without prepaying fees, also called an IFP application.
Order
The court ordered Clark, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached signed IFP application. If the court grants the IFP application, Clark may proceed without paying the fee in advance. The application must identify docket number 23-CV-1140 (LTS).
The court stated that no answer from Warden Jamison was required at that time. If Clark 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-Fee Ruling
The court certified that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. This order addressed filing-fee and case-processing requirements; it did not decide the substance of Clark’s habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.