Palmer v. McIntosh
- Laura Swain
- 1:23-cv-09863
- U.S. District Court · Southern District of New York
- 4
In Palmer v. McIntosh, Judge Swain ordered the petitioner to pay the filing fee or submit an application to proceed without prepaying it.
Russell D. Palmer must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees; otherwise, the action will be dismissed. D. McIntosh was not required to respond at this stage.
What happened
In Palmer v. McIntosh, Russell D. Palmer filed a petition seeking habeas relief but did not pay the required $5 filing fee or submit an application to proceed without prepaying court fees.
The court gave Palmer 30 days to pay the fee or submit a signed application explaining his inability to pay. No response from D. McIntosh was required at this stage.
Judge Laura Taylor Swain ordered that the case would proceed under the court’s procedures if Palmer complied, but would be dismissed if he did not. She also denied permission to appeal without prepaying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Palmer v. McIntosh · No. 1:23-cv-09863
- Laura Swain
- Nov. 8, 2023
Background
Russell D. Palmer, who was proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not decide the substance of that petition. Palmer submitted it without paying the $5 filing fee and without an application to proceed without prepaying court fees.
The Court’s Order
The court directed Palmer, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. If the court grants that application, Palmer may proceed without paying the fees in advance. The application was to include docket number 23-CV-9863 (LTS).
The court stated that no answer from D. McIntosh was required at that time. If Palmer complied with the order, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the allowed time, the action would be dismissed.
Appeal and Classification
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 did not rule on the merits of Palmer’s habeas petition. This is a procedural order concerning the filing fee and the application to proceed without prepaying fees.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.