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Burroughs v. Lilley

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Jun 24, 2020
20-CV-4814 (CM) (S.D.N.Y. Jun. 24, 2020)

Opinion

20-CV-4814 (CM)

06-24-2020

THEOPHOLIS BURROUGHS, Petitioner, v. LYNN J. LILLEY, 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-4814 (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). SO ORDERED. Dated: June 24, 2020

New York, New York

/s/_________

COLLEEN McMAHON

Chief United States District Judge


Summaries of

Burroughs v. Lilley

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Jun 24, 2020
20-CV-4814 (CM) (S.D.N.Y. Jun. 24, 2020)
Case details for

Burroughs v. Lilley

Case Details

Full title:THEOPHOLIS BURROUGHS, Petitioner, v. LYNN J. LILLEY, Respondent.

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Jun 24, 2020

Citations

20-CV-4814 (CM) (S.D.N.Y. Jun. 24, 2020)