Opinion
22-CV-9954 (VSB)
11-30-2022
JAYVON KEITT, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION
VERNON S. BRODERICK, 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.
Petitioner's submission, originally filed in United States v. Keitt, ECF 1:20-CR-0066, 59 (S.D.N.Y. Oct. 21, 2022) as a motion for compassionate release, was construed as a petition under 28 U.S.C. § 2241, opened as a new civil action and assigned the above docket number. ECF1:20-CR-0066, 64 (Nov. 22, 2022).
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, sign, and submit the attached IFP application. If Petitioner submits the IFP application, it should be labeled with docket number 22-CV-9554 (). 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 under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP 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.