Hayes v. People of the State of New York
- George Daniels
- 1:19-cv-10902
- U.S. District Court · Southern District of New York
- 2
In Leroy Hayes v. People of New York, Judge McMahon ordered Hayes to pay a filing fee or request a fee waiver within thirty days.
Leroy Hayes, who must pay the $5 filing fee or submit a signed application to proceed without prepaying fees within thirty days to avoid dismissal of the action.
What happened
Leroy Hayes v. People of the State of New York concerns Hayes’s petition asking the federal court to review his state custody. He filed the petition without paying the required fee or submitting an application to proceed without prepaying fees.
The court ordered Hayes to pay the $5 filing fee or submit a signed fee-waiver application within thirty days. If he did not comply, the court stated that the case would be dismissed. The court also said that the state was not required to respond at that time.
Judge Colleen McMahon directed the Clerk of Court to assign the case to her docket and mail the order to Hayes. She also denied permission to proceed without prepaying fees on any appeal from this order, certifying that such an appeal would not be taken in good faith.
The detailed version
- Hayes v. People of the State of New York · No. 1:19-cv-10902
- George Daniels
- Nov. 27, 2019
Background
Leroy Hayes, representing himself, filed a petition for a writ of habeas corpus, meaning a request for federal review of his custody. He did not pay the required $5 filing fee and did not submit an application to proceed in forma pauperis, meaning without prepaying court fees.
Order
The court ordered Hayes, within thirty days of the order, to either pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. The application was to include docket number 19-CV-10902 (CM). The court explained that, if it granted the application, Hayes could proceed without prepayment of fees.
The Clerk of Court was directed to assign the matter to the judge’s docket, mail Hayes a copy of the order, and record service on the docket. The court stated that no answer from the respondent was required at that time. If Hayes did not comply within the permitted time, the action would be dismissed.
Appeal and disposition
Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. This order addressed filing requirements and did not decide the merits of Hayes’s petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.