Conlin v. United States of America
- Laura Swain
- 1:23-cv-03272
- U.S. District Court · Southern District of New York
- 2
In Conlin v. United States, Chief Judge Swain returned an unsigned payment and required a fee or fee-waiver application before the habeas case proceeds.
Jeremy Lee Conlin must either pay the $5 filing fee or submit a signed fee-waiver application within 30 days; otherwise, the action will be dismissed. The United States is not required to answer at this time.
What happened
In Conlin v. United States of America, Jeremy Lee Conlin, representing himself, filed a petition challenging his custody through a habeas proceeding. The court’s order did not decide the petition’s underlying claims.
The court directed the Clerk of Court to return Conlin’s unsigned $5 money order. Within 30 days, Conlin must either pay the $5 filing fee or submit a signed application to proceed without paying fees upfront. No response from the United States is required at this time.
Chief Judge Laura Taylor Swain ordered that the case proceed under the Clerk’s procedures if Conlin complies, but stated that the action will be dismissed if he does not. The court also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Conlin v. United States of America · No. 1:23-cv-03272
- Laura Swain
- June 8, 2023
Background
Jeremy Lee Conlin, who is proceeding without a lawyer, filed a petition for a writ of habeas corpus against the United States of America. This order concerns only the filing fee and fee-waiver requirements; it does not address the substance of the habeas petition.
By an order dated May 10, 2023, the court directed Conlin either to pay the $5 filing fee or to submit a signed application to proceed without prepaying fees. On May 25, 2023, Conlin submitted an unsigned $5 money order.
Court’s Action
The court directed the Clerk of Court to return the deficient payment to Conlin. Within 30 days of the order, Conlin must either pay the $5 filing fee or complete and submit an application to proceed without prepaying fees. The application must identify docket number 23-CV-3272 (LTS). If the court grants the application, Conlin may proceed without prepaying fees.
The court stated that no answer from the United States is required at this stage. If Conlin complies, the case will be processed under the Clerk’s procedures. If he does not comply within the allowed time, the action will 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 permission to appeal without prepaying fees. The order is a procedural filing-fee directive, not a decision on the habeas claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.