Conlin v. United States of America

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JEREMY LEE CONLIN, Petitioner, 23-CV-3272 (LTS) -against- ORDER UNITED STATES OF AMERICA, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: Petitioner, who is 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”), submit a signed IFP application. See 28 U.S.C. §§ 1914, 1915. By order dated May 10, 2023, the Court directed Plaintiff to either pay the $5.00 fee or submit an IFP application. On May 25, 2023, Petitioner submitted an unsigned money order for $5.00. The Court directs the Clerk of Court to return the deficient payment to Petitioner. Within 30 days of the date of this order, Petitioner must either pay the $5.00 filing fee or complete and submit an IFP application. If Petitioner submits the IFP application, it should be labeled with docket number 23-CV-3272 (LTS). 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). 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, 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). SO ORDERED.

Dated: June 8, 2023 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge