Choy v. US Marchells
2:24-cv-00135
| S.D. Ga. | Feb 5, 2025Background
- Matthew Choy, a federal prisoner, filed a 28 U.S.C. § 2241 habeas corpus petition initially in the District of Nebraska; the case was transferred to the Southern District of Georgia where he is incarcerated.
- The court ordered Choy to pay the $5.00 filing fee or move to proceed in forma pauperis within 21 days of its December 9, 2024 directive.
- There is no evidence that the court’s notice failed to reach Choy; he did not respond, pay the fee, or file the required paperwork by the deadline.
- As a result, the court was unable to proceed with Choy’s petition due to his non-compliance.
- The court considered whether to dismiss the petition for failure to obey its directive and whether to allow Choy to appeal in forma pauperis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to comply with court order | No expressed argument; inaction | Non-compliance with court order | Petition dismissed without prejudice |
| Leave to appeal in forma pauperis | Not specifically argued | Appeal would not be taken in good faith | Denied leave to appeal in forma pauperis |
| Dismissal procedure fairness | — | Choy was given notice/opportunity | Procedure is fair under case law |
| Motion to transfer | Filed by Choy | Denied as moot |
Key Cases Cited
- Link v. Wabash R.R. Co., 370 U.S. 626 (A district court has inherent authority to dismiss for failure to prosecute)
- Coppedge v. United States, 369 U.S. 438 (Defines good faith for in forma pauperis appeals)
- Neitzke v. Williams, 490 U.S. 319 (Standards for frivolous claims in dismissals)