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Blanding v. Warden

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Jul 21, 2020
20-CV-5588 (CM) (S.D.N.Y. Jul. 21, 2020)

Opinion

20-CV-5588 (CM)

07-21-2020

JOHNNY BLANDING, Petitioner, v. WARDEN, Respondent.


ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION :

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 20-CV-5588 (CM). If the Court grants the IFP application, prepayment of the $5.00 filing fee will be waived. 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). SO ORDERED. Dated: July 21, 2020

New York, New York

/s/_________

COLLEEN McMAHON

Chief United States District Judge


Summaries of

Blanding v. Warden

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Jul 21, 2020
20-CV-5588 (CM) (S.D.N.Y. Jul. 21, 2020)
Case details for

Blanding v. Warden

Case Details

Full title:JOHNNY BLANDING, Petitioner, v. WARDEN, Respondent.

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Jul 21, 2020

Citations

20-CV-5588 (CM) (S.D.N.Y. Jul. 21, 2020)