Latimore v. Schneider
- Laura Swain
- 1:23-cv-08629
- U.S. District Court · Southern District of New York
- 4
In Latimore v. Schneider, Judge Swain ordered the petitioner to pay the filing fee or submit an application to proceed without prepaying it.
Teddy T. Latimore must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days; failure to comply will result in dismissal of the action. The order also denies permission to proceed without prepaying fees for an appeal.
What happened
Latimore v. Schneider concerns a petition for a writ of habeas corpus filed by Teddy T. Latimore, who was proceeding without a lawyer. The petition was filed without the required filing fee or an application asking to proceed without prepaying court fees.
The court gave Latimore 30 days from October 2, 2023, to pay the $5 filing fee or submit a signed application to proceed without prepaying fees. The court said no summons would be issued at that time and warned that the action would be dismissed if Latimore did not comply.
Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not decide the substance of Latimore’s habeas petition.
The detailed version
- Latimore v. Schneider · No. 1:23-cv-08629
- Laura Swain
- Oct. 2, 2023
Background
Teddy T. Latimore filed a petition for a writ of habeas corpus against Superintendent Schneider of Lake View Correctional Facility. Latimore was proceeding without a lawyer. The opinion does not address the substance of the habeas claims.
Filing-fee requirement
The court explained that a person filing a habeas petition must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees. Latimore submitted the petition without either the fee or that application.
Order
The court ordered Latimore, within 30 days of October 2, 2023, to either pay the $5 filing fee or complete and submit the attached application. If the court grants the application, Latimore may proceed without prepaying fees. The application was to identify docket number 23-CV-8629 (LTS).
The court directed that no summons be issued at that time. If Latimore complied, the case would be processed under the Clerk’s Office procedures. If Latimore failed to comply within the allowed time, the action would be dismissed.
Appeal-fee ruling
The court certified that any 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 filing requirements and did not rule on whether Latimore is entitled to habeas relief.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.