Masa v. Federal Bureau of Prisons
- Andrew Carter
- 1:24-cv-02902
- U.S. District Court · Southern District of New York
- 2
In Masa v. Federal Bureau of Prisons, Judge Carter treated the action as a Section 2241 petition and gave Masa 30 days to pay $5 or seek a fee waiver.
Kevin Masa must either pay the $5 filing fee or submit a signed fee-waiver application within 30 days; otherwise, the action will be dismissed without prejudice. The Federal Bureau of Prisons was not required to answer at this stage.
What happened
In Masa v. Federal Bureau of Prisons, Kevin Masa brought claims with other incarcerated people, and the court opened his severed claims as a separate case. The court treated the action as a petition challenging custody under Section 2241.
The court gave Masa 30 days to pay the $5 filing fee or submit a completed and signed application to proceed without paying the fee in advance. The court said no response from the Bureau of Prisons was required at that time.
Judge Andrew L. Carter, Jr. warned that the case would be dismissed without prejudice if Masa did not comply or otherwise respond. The court also denied permission to appeal without prepaying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Masa v. Federal Bureau of Prisons · No. 1:24-cv-02902
- Andrew Carter
- June 17, 2024
Background
Kevin Masa, who the opinion says is incarcerated in USP Terre Haute in Indiana, brought an action together with other incarcerated individuals. The court severed each individual’s claims and opened them as separate actions. Masa’s claims were opened under docket number 24-CV-2902 and assigned to Judge Andrew L. Carter, Jr.’s docket as related to the first severed action.
Court’s Action
The court adopted the reasoning from its June 7, 2024 order in the related action and construed Masa’s action as a petition for a writ of habeas corpus under 28 U.S.C. § 2241. In this context, that means treating the filing as a petition challenging the legality or conditions of a person’s custody under that statute. The opinion does not decide the merits of Masa’s claims.
The court granted Masa 30 days to either pay the $5 filing fee or submit a completed and signed application to proceed without prepaying the fee, commonly called an IFP application. If the court grants that application, Masa may proceed without paying the fee in advance. The application must identify docket number 24-CV-2902 (ALC).
Disposition
The court stated that no answer from the Federal Bureau of Prisons was required at that time. If Masa fails to comply with the order within the allowed time, or otherwise fails to respond, the action will be dismissed without prejudice. The court also certified that any appeal would not be taken in good faith and denied IFP status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.