Conlin v. United States of America
- Laura Swain
- 1:23-cv-03272
- U.S. District Court · Southern District of New York
- 4
In Conlin v. United States, Judge Swain ordered Conlin to pay $5 or submit an IFP application within 30 days, or the action will be dismissed.
Jeremy Lee Conlin must either pay the $5 filing fee or submit an IFP application within 30 days; otherwise, his action will be dismissed. The United States was not required to answer at this stage.
What happened
In Conlin v. United States of America, Jeremy Lee Conlin filed a petition under a federal custody-review procedure without paying the required filing fee or submitting an application to proceed without prepaying court costs.
The court gave Conlin 30 days to pay the $5 filing fee or submit a signed application showing that he cannot afford it. No response from the United States was required at that time. The court said the case would be processed if Conlin complied and would be dismissed if he did not.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not address the substance of Conlin’s petition.
The detailed version
- Conlin v. United States of America · No. 1:23-cv-03272
- Laura Swain
- May 10, 2023
Background
Jeremy Lee Conlin, who was representing himself, filed a petition under a federal custody-review procedure. He did not submit the required $5 filing fee or an application to proceed without prepaying fees, commonly called an application to proceed in forma pauperis (IFP).
Order
The court ordered Conlin, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached IFP application. The application had to identify docket number 23-CV-3272 (LTS). If the court grants the application, Conlin may proceed without paying the fee in advance.
The court stated that no answer from the United States was required at that time. If Conlin complies with the order, the case will be processed under the procedures of the Clerk’s Office. If he does not comply within the allowed time, the action will be dismissed.
Appeal and Disposition
Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The order addressed filing requirements only and did not decide the substance of Conlin’s petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.