Ray v. Jamison
- John Koeltl
- 1:24-cv-00862
- U.S. District Court · Southern District of New York
- 4
In Ray v. Jamison, Judge Swain ordered Joseph Ray to pay $5 or submit a fee-waiver application within 30 days.
Joseph Ray, the self-represented petitioner, must either pay the filing fee or submit the required fee-waiver application for the case to proceed.
What happened
In Ray v. Jamison, Joseph Ray filed a petition asking for habeas corpus relief but did not pay the $5 filing fee or submit an application to proceed without prepaying fees.
The court ordered Ray, within 30 days, to either pay the fee or submit a signed application showing that he cannot afford it. No summons will be issued yet, and the case will be dismissed if he does not comply.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Ray v. Jamison · No. 1:24-cv-00862
- John Koeltl
- Feb. 7, 2024
Background
Joseph Ray, proceeding without a lawyer, filed a petition for a writ of habeas corpus against Warden Jamal Jamison. The opinion states that Ray submitted the petition without paying the required $5 filing fee and without submitting an application to proceed without prepaying fees.
Order
The court directed Ray to do one of two things within 30 days of the order: pay the $5 filing fee or complete and submit the provided application to proceed without prepaying fees. If the court grants that application, Ray may proceed without paying the fees in advance. The application must identify docket number 24-CV-0862 (LTS).
The court ordered that no summons be issued at that time. If Ray complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal-related ruling
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without prepaying fees. This order did not decide the merits of Ray’s habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.