Goggans v. Jamison
- Gregory Woods
- 1:23-cv-03645
- U.S. District Court · Southern District of New York
- 4
In Goggans v. Jamison, Judge Swain ordered the petitioner to pay a $5 fee or submit an application to proceed without prepaying it.
Lacy Gene Goggans, Jr. was required to pay the filing fee or submit an IFP application within 30 days; Warden J.L. Jamison was not required to answer at that time.
What happened
In Goggans v. Jamison, Lacy Gene Goggans, Jr. filed a petition seeking habeas relief without paying the $5 filing fee or submitting an application to proceed without prepaying court fees. The petitioner was representing himself.
The court gave Goggans 30 days to pay the fee or submit a signed fee-waiver application. No response from the respondent was required at that time, and the case would be processed if Goggans complied. The court warned that the action would be dismissed if he did not comply within the deadline.
Chief Judge Laura Taylor Swain issued the order. She also denied permission to appeal without prepaying fees, stating that an appeal from the order would not be taken in good faith. The order did not decide the habeas petition's underlying claims.
The detailed version
- Goggans v. Jamison · No. 1:23-cv-03645
- Gregory Woods
- May 2, 2023
Background
Lacy Gene Goggans, Jr., who was proceeding without a lawyer, filed a petition for a writ of habeas corpus against Warden J.L. Jamison. The petition was submitted without the required $5 filing fee and without an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court ordered Goggans, within 30 days of May 2, 2023, either to pay the $5 filing fee or to complete and submit the attached signed IFP application. If the court granted the IFP application, Goggans would be permitted to proceed without prepaying fees. The application was to include docket number 23-CV-3645 (LTS).
The court stated that no answer from the respondent was required at that time. If Goggans complied with the order, 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 and disposition
Chief Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. This was a procedural order addressing the filing fee or fee-waiver requirement; it did not resolve the merits of the habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.