Carter v. Miller
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Cou rt is directed to assign this matter to my docket. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 5/3/2021. In Forma Pauperis (IFP) Application due by 5/3/2021. (Signed by Judge Colleen McMahon on 4/1/2021) (Attachments: # 1 IFP application) (asg) Transmission to Docket Assistant Clerk for processing.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ORDER DIRECTING PAYMENT OF FEE
OR IFP APPLICATION
COLLEEN McMAHON, Chief United States District Judge:
Petitioner, proceeding pro se, brings this petition for a writ of habeas corpus. To proceed
with a petition for a writ of habeas corpus in this Court, a petitioner must either pay the $5.00
filing fee or, to request authorization to proceed in forma pauperis (IFP), that is, without
prepayment of fees, submit a signed IFP application. See 28 U.S.C. §§ 1914, 1915.
Petitioner submitted the petition without the filing fee or an IFP application. Within thirty
days of the date of this order, Petitioner must either pay the $5.00 filing fee or complete and
submit the attached IFP application. If Petitioner submits the IFP application, it should be labeled
with docket number 21-CV-2680 (CM). If the Court grants the IFP application, Petitioner will be
permitted to proceed without prepayment of fees. See 28 U.S.C. § 1915(a)(1).
The Clerk of Court is directed to mail a copy of this order to Petitioner and note service
on the docket. No answer shall be required at this time. If Petitioner complies with this order, the
case shall be processed in accordance with the procedures of the Clerk’s Office. If Petitioner fails
to comply with this order within the time allowed, the action will be dismissed.
The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would
not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an
appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444–45 (1962) (holding that appellant
demonstrates good faith when seeking review of a nonfrivolous issue).
April 1, 2021
New York, New York
Chief United States District Judge
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