Dupont v. United States
- Laura Swain
- 1:22-cv-10757
- U.S. District Court · Southern District of New York
- 2
In Dupont v. United States, Judge Swain dismissed the case without prejudice after Dupont neither paid the fee nor filed a fee-waiver request.
Tyquan Dupont's petition against the United States of America, including his ability to appeal without paying appellate filing fees.
What happened
In Dupont v. United States, Tyquan Dupont filed a petition for a court order concerning detention against the United States of America.
The court had ordered Dupont to either submit a completed request to proceed without paying the filing fee or pay the required $5 fee. Dupont did neither within the deadline.
The court dismissed the action without prejudice, meaning it was not permanently barred from being filed again. Judge Swain also ruled that no certificate allowing an appeal would issue and denied permission to appeal without paying fees.
The detailed version
- Dupont v. United States · No. 1:22-cv-10757
- Laura Swain
- Mar. 22, 2023
Background
Tyquan Dupont filed a petition for a writ of habeas corpus, a request for court relief concerning detention. On January 13, 2023, the court ordered Dupont to submit a completed application to proceed without paying the filing fee, called an in forma pauperis application, or to pay the $5 filing fee. The order warned that failing to do so would result in dismissal.
Dupont did not submit the application or pay the fee.
Ruling
The court dismissed the action without prejudice based on Dupont's failure to comply with the filing-fee requirement. The court also ruled that a certificate of appealability would not issue because the petition did not make a substantial showing that a constitutional right had been denied. It further certified that an appeal would not be taken in good faith and denied permission to appeal without paying the appellate filing fees. The Clerk of Court was directed to enter judgment.
Classification
This is a procedural order because the court dismissed the action for failure to satisfy the filing-fee or fee-waiver requirement and did not analyze the underlying petition's claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.