Nestor v. Jamison
- Laura Swain
- 1:23-cv-03020
- U.S. District Court · Southern District of New York
- 4
In Nestor v. Jamison, Judge Swain ordered Russell Nestor to pay the fee or submit an IFP application within 30 days.
Russell Nestor must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days; otherwise, the action will be dismissed. J.L. Jamison was not required to answer at this stage.
What happened
In Nestor v. Jamison, Russell Nestor, who is representing himself, filed a petition for a writ of habeas corpus without paying the required filing fee or submitting an application to proceed without prepaying fees.
The court ordered Nestor, within 30 days, either to pay the $5 filing fee or submit a signed application to proceed without prepaying fees. The court said no response from J.L. Jamison was required at that time and warned that the action would be dismissed if Nestor did not comply.
Judge Laura Taylor Swain also ruled that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Nestor v. Jamison · No. 1:23-cv-03020
- Laura Swain
- Apr. 27, 2023
Background
Russell Nestor, proceeding without a lawyer, filed a petition for a writ of habeas corpus against J.L. Jamison. The opinion does not decide the substance of Nestor's habeas claims. Nestor submitted the petition without the required filing fee and without an application to proceed without prepaying fees, also called an IFP application.
Order
The court ordered Nestor to take one of two steps within 30 days of the order: pay the $5 filing fee or complete and submit the attached signed IFP application. The court explained that, if the application were granted, Nestor could proceed without paying the fees in advance. The application was to include docket number 23-CV-3020 (LTS).
The court stated that J.L. Jamison did not have to respond at that time. If Nestor complied, the case would be processed under the Clerk's Office procedures. If he failed to comply within the allowed time, the action would 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 IFP status for purposes of an appeal. This order addressed filing requirements and did not rule on the merits of the habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.