Morrison v. Capra
- Vincent Briccetti
- 7:23-cv-02598
- U.S. District Court · Southern District of New York
- 4
In Morrison v. Capra, Chief Judge Swain ordered petitioner to pay $5 or request permission to proceed without fees within 30 days.
Omarrio Morrison must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days, or the action will be dismissed. Michael Capra was not required to answer at this stage.
What happened
In Morrison v. Capra, Omarrio Morrison filed a petition seeking habeas relief but did not pay the required $5 filing fee or submit an application to proceed without paying fees.
The court ordered Morrison to pay the fee or submit a signed fee-waiver application within 30 days. The court said no response from Michael Capra was required at that time and warned that the case would be dismissed if Morrison did not comply.
Chief Judge Laura Taylor Swain also ruled that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the habeas petition’s underlying claims.
The detailed version
- Morrison v. Capra · No. 7:23-cv-02598
- Vincent Briccetti
- Mar. 28, 2023
Background
Omarrio Morrison, who was representing himself, filed a petition seeking habeas relief against Michael Capra, Superintendent. Morrison submitted the petition without paying the $5 filing fee and without submitting an application to proceed without prepaying fees.
Order
The court ordered Morrison, within 30 days of March 28, 2023, to do one of two things: pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. The application had to include the case’s docket number, 23-CV-2598 (LTS). If the court granted the application, Morrison could proceed without paying the fee in advance.
The court stated that no answer from Capra was required at that time. If Morrison complied, the case would be processed under the Clerk’s Office procedures. If he did not comply within the time allowed, the action would be dismissed.
Appeal and Disposition
The court certified that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. This order addressed the filing fee or fee-waiver application; it did not decide the merits of Morrison’s habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.