McCargo v. Jamison
- Laura Swain
- 1:24-cv-02280
- U.S. District Court · Southern District of New York
- 2
In McCargo v. Jamison, Judge Swain ordered Kareem McCargo to pay $5 or submit a fee-waiver application within 30 days.
Kareem McCargo, whose petition may proceed if he pays the filing fee or submits an application to proceed without prepaying fees; otherwise, the action will be dismissed without prejudice. Warden Jamison was not required to answer at this stage.
What happened
McCargo v. Jamison concerns Kareem McCargo’s petition asking for relief through the federal court’s custody-review process. He filed the petition without paying the required filing fee or submitting an application to proceed without prepaying fees.
The court gave McCargo 30 days to either pay the $5 filing fee or submit a signed fee-waiver application. The court said no response from the warden was required yet. If McCargo complies, the case will continue through the Clerk’s Office procedures; if he does not, the action will be dismissed without prejudice.
Judge Laura Taylor Swain also ruled that an appeal from this order 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 McCargo’s petition.
The detailed version
- McCargo v. Jamison · No. 1:24-cv-02280
- Laura Swain
- Mar. 27, 2024
Background
Kareem McCargo, who is proceeding without a lawyer, filed a petition for a writ of habeas corpus—a request for federal-court relief concerning custody. He did not pay the $5 filing fee and did not submit an application to proceed without prepaying court fees.
Order
The court ordered McCargo, within 30 days of the order, to do one of two things: pay the $5 filing fee or complete and submit a signed application to proceed without prepaying fees. Any such application should identify docket number 24-CV-2280 (LTS). The court explained that, if the application is granted, McCargo may proceed without paying fees in advance.
The court stated that the warden did not need to file an answer at that time. If McCargo 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 without prejudice, meaning it may be possible to file it again.
Appeal and effect
The court certified that any 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’s order addressed filing requirements and did not decide the merits of McCargo’s petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.