McCargo v. Jamison
- Laura Swain
- 1:24-cv-02280
- U.S. District Court · Southern District of New York
- 1
In McCargo v. Jamison, Chief Judge Swain dismissed the habeas petition without prejudice because McCargo neither paid the fee nor filed an IFP application.
Kareem McCargo's habeas petition was dismissed without prejudice; Warden Jamison was the respondent.
What happened
In McCargo v. Jamison, the court had ordered Kareem McCargo to file an application to proceed without paying the filing fee or pay the required $5 fee for his habeas petition within 30 days.
McCargo did neither. The court's order said that failing to comply would lead to dismissal of the petition.
Chief Judge Laura Taylor Swain dismissed the petition without prejudice and denied McCargo permission to proceed without paying fees on appeal. The clerk was directed to enter judgment.
The detailed version
- McCargo v. Jamison · No. 1:24-cv-02280
- Laura Swain
- Apr. 30, 2024
Background
The court had directed Kareem McCargo to submit a completed application to proceed without paying the filing fee, commonly called an IFP application, or to pay the $5 filing fee required for his habeas petition. The March 27, 2024 order gave him 30 days and stated that failing to comply would result in dismissal.
What the Court Did
McCargo did not file an IFP application and did not pay the filing fee. The court therefore dismissed the petition without prejudice under 28 U.S.C. §§ 1914 and 1915. The order did not address the underlying habeas claims.
The court also certified that any appeal would not be taken in good faith and denied IFP status for purposes of an appeal. It directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.