Murray v. Jaminson
- Laura Swain
- 1:23-cv-03176
- U.S. District Court · Southern District of New York
- 4
In Murray v. Jaminson, Judge Swain ordered Murray to pay the $5 fee or submit an application to proceed without prepaying fees within 30 days.
Roman Murray must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days. If he does not comply, the action will be dismissed. J. L. Jaminson was not required to answer at this time.
What happened
Roman Murray filed a petition for a writ of habeas corpus against J. L. Jaminson, but did not pay the $5 filing fee or submit an application to proceed without prepaying fees.
The court gave Murray 30 days to pay the fee or submit a signed application. No response from J. L. Jaminson was required at that time. If Murray does not comply, the action will be dismissed; if he does comply, the case will proceed through the Clerk’s Office’s procedures.
Chief United States District Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
The detailed version
- Murray v. Jaminson · No. 1:23-cv-03176
- Laura Swain
- Apr. 19, 2023
Background
Roman Murray, representing himself, filed a petition for a writ of habeas corpus. The opinion does not describe the underlying claims or the relief Murray seeks. Murray submitted the petition without paying the required $5 filing fee and without submitting an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court ordered Murray, within 30 days of April 19, 2023, to do one of two things: pay the $5 filing fee or complete and submit the attached, signed IFP application. The application had to identify docket number 23-CV-3176 (LTS). If the court grants the application, Murray may proceed without paying the filing fee in advance.
The court stated that no answer from J. L. Jaminson was required at that time. If Murray complies, the case will be processed under the Clerk’s Office’s procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal ruling
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. Chief United States District Judge Laura Taylor Swain signed the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.