Parker v. Superintendent of Coxsackie Correctional Facility
- Philip Halpern
- 7:23-cv-05921
- U.S. District Court · Southern District of New York
- 4
In Parker v. Superintendent of Coxsackie Correctional Facility, Chief Judge Swain ordered Parker to pay the filing fee or apply to proceed without prepaying it.
Quahsym Parker must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days, or the action will be dismissed. The respondent was not required to answer at this stage.
What happened
Parker v. Superintendent of Coxsackie Correctional Facility concerns a petition for a court order challenging custody. Parker filed the petition without paying the required $5 filing fee or submitting an application to proceed without prepaying court fees.
The court gave Parker 30 days from July 11, 2023, to either pay the fee or submit a signed application. No response from the respondent was required at that time. The court said the case would be processed if Parker complied and would be dismissed if Parker did not comply within the deadline.
Chief 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 substance of Parker’s petition.
The detailed version
- Parker v. Superintendent of Coxsackie Correctional Facility · No. 7:23-cv-05921
- Philip Halpern
- July 11, 2023
Background
Quahsym Parker, who was proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion states that a petitioner filing this type of petition in the court must either pay the $5 filing fee or submit a signed application asking to proceed without prepaying fees. Parker submitted the petition without either the fee or the application.
Order
The court ordered Parker, within 30 days of the order, to pay the $5 filing fee or complete and submit the attached application. The application was to include docket number 23-CV-5921 (LTS). If the court granted the application, Parker would be permitted to proceed without prepaying fees. The court did not require the respondent to file an answer at that time.
The court stated that the case would be processed under the Clerk’s Office procedures if Parker complied. If Parker failed to comply within the allowed time, the action would be dismissed.
Appeal and disposition
Chief Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. This order addressed the filing fee and fee-application requirements; it did not decide the merits of Parker’s habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.