Carson v. McGuinness
- Kenneth Karas
- 7:23-cv-06776
- U.S. District Court · Southern District of New York
- 4
In Carson v. McGuinness, Judge Swain ordered Carson to pay the $5 fee or submit an IFP application within 30 days, or the case will be dismissed.
Joseph Carson must either pay the filing fee or submit an application to proceed without prepaying fees; the action may be dismissed if he does not comply. T. McGuinness is identified as the respondent, but no summons was issued at this stage.
What happened
In Carson v. McGuinness, Joseph Carson filed a petition asking the court to issue a writ of habeas corpus. The opinion states that Carson was representing himself.
Carson submitted the petition without paying the $5 filing fee and without an application to proceed without prepaying court fees. The court ordered him, within 30 days, to either pay the fee or submit a signed application. No summons will be issued at this time.
If Carson does not comply, the action will be dismissed. The court also denied permission to proceed without prepaying fees for an appeal from this order. Judge Laura Taylor Swain issued the order.
The detailed version
- Carson v. McGuinness · No. 7:23-cv-06776
- Kenneth Karas
- Aug. 3, 2023
Background
Joseph Carson filed a petition for a writ of habeas corpus and was proceeding without a lawyer. He submitted the petition without paying the $5 filing fee required to begin the case and without submitting an application to proceed without prepaying fees, sometimes called an IFP application.
Court’s Order
The court ordered Carson to take one of two actions within 30 days of the order’s date: pay the $5 filing fee, or complete and submit the attached signed application to proceed without prepaying fees. If the court grants the application, Carson may proceed without paying the fees in advance.
The court stated that no summons would be issued at that time. If Carson complies with the order, the case will be processed under the Clerk’s Office’s procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal and Disposition
The court certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. Judge Laura Taylor Swain signed the order. The opinion does not decide the underlying habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.