Thompson v. The People of the Supreme Court

Background

Odray Kevin Thompson, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion states that a petitioner seeking to proceed with such a petition in the Southern District of New York must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees, commonly called an IFP application. Thompson submitted the petition without either the filing fee or an IFP application.

The Court’s Order

The court ordered Thompson, within 30 days of the order, to do one of two things: pay the $5 filing fee or complete and submit the attached IFP application. The application was to include docket number 23-CV-3199 (LTS). If the court granted the application, Thompson would be permitted to proceed without prepaying fees.

The court stated that no answer from the respondent was required at that time. If Thompson complied with the order, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the permitted time, the action would be dismissed.

Appeal-Related Ruling

Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without prepaying fees for an appeal. This order did not decide the substance of Thompson’s habeas petition.