Layman v. Sheriff, Orange County NY ( 2021 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NICOLE LAYMAN; MARK MARVIN, Petitioners, 21-CV-10907 (LTS) -against- ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION SHERIFF, ORANGE COUNTY, NY, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: Petitioner Mark Marvin, proceeding pro se, brings this petition for a writ of habeas corpus seeking to act as “next friend” for Nicole Layman. 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 Marvin 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-10907 (LTS). The Clerk of Court is directed to mail a copy of this order to Petitioners and note service on the docket. No answer shall be required at this time. 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: December 22, 2021 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge