Wilson v. Bradford
- Andrew Carter
- 1:23-cv-04164
- U.S. District Court · Southern District of New York
- 4
In Wilson v. Bradford, Judge Swain ordered payment of a $5 fee or an application to proceed without prepaying fees within 30 days.
Tristan K. Wilson, who is proceeding without a lawyer, must either pay the $5.00 filing fee or submit the required application within 30 days; Superintendent Bradford was not required to answer at this stage.
What happened
Tristan K. Wilson filed a habeas petition against Superintendent Bradford without paying the $5 filing fee or submitting an application to proceed without prepaying fees. The opinion does not describe the underlying claims.
The court ordered Wilson, who is proceeding without a lawyer, to pay the fee or submit a signed application within 30 days. No response from Bradford was required at that time. The court said the action would be dismissed if Wilson did not comply.
Judge Laura Taylor Swain also ruled that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the habeas petition’s merits.
The detailed version
- Wilson v. Bradford · No. 1:23-cv-04164
- Andrew Carter
- May 23, 2023
Background
Tristan K. Wilson, proceeding without a lawyer, filed a petition for a writ of habeas corpus against Superintendent Bradford. The opinion does not state what underlying relief Wilson seeks or describe the substance of his habeas claims. Wilson submitted the petition without the required $5.00 filing fee and without an application to proceed without prepaying fees.
Order
The court ordered Wilson, within 30 days of the order, either to pay the $5.00 filing fee or to complete and submit the attached application to proceed without prepaying fees. If Wilson submits the application and the court grants it, he may proceed without paying the fee in advance. The application was to include docket number 23-CV-4164 (LTS).
The court stated that no answer from Bradford was required at that time. If Wilson complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal ruling
Judge Laura Taylor Swain, Chief United States District Judge, certified 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 merits of Wilson’s habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.