McCargo v. Jamison
- Laura Swain
- 1:24-cv-02367
- U.S. District Court · Southern District of New York
- 4
In McCargo v. Jamison, Chief Judge Swain ordered the petitioner to pay $5 or submit a request to proceed without prepaying fees within 30 days.
Kareem McCargo, the self-represented petitioner, must either pay the filing fee or submit an application to proceed without prepaying fees within 30 days to avoid dismissal of the action.
What happened
In McCargo v. Jamison, Kareem McCargo filed a petition for a court order in a habeas case without paying the filing fee or submitting an application to proceed without prepaying fees.
The court ordered McCargo, within 30 days, either to pay the $5 filing fee or submit a signed application requesting permission to proceed without prepaying fees. The court also said that no summons would be issued at that time and that the action would be dismissed if he did not comply.
Chief 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
- McCargo v. Jamison · No. 1:24-cv-02367
- Laura Swain
- Mar. 28, 2024
Background
Kareem McCargo, representing himself, filed a petition for a writ of habeas corpus. The opinion does not decide the substance of that petition. McCargo submitted it without the required $5 filing fee and without an application to proceed without prepaying fees.
Order
The court ordered McCargo to do one of two things within 30 days of the order: pay the $5 filing fee, or complete and submit the attached signed application to proceed without prepaying fees. If the court grants that application, McCargo may proceed without paying the fees in advance. The application was to include docket number 24-CV-2367 (LTS).
The court directed that no summons be issued 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.
Appeal-related ruling
The court certified that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. This order addressed filing requirements and did not resolve the habeas petition’s underlying claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.