Cantero v. Mid-Hudson Psychiatric Forensic Center
- Colleen McMahon
- 1:19-cv-11167
- U.S. District Court · Southern District of New York
- 2
In Cantero v. Mid-Hudson Psychiatric Forensic Center, Chief Judge McMahon ordered payment of fees or an application to proceed without prepayment.
Jose Luis Cantero had to pay $400 or submit a signed IFP application within 30 days; otherwise, the action would be dismissed. The defendants were not required to respond at this stage, and no summons issued.
What happened
In Cantero v. Mid-Hudson Psychiatric Forensic Center, Jose Luis Cantero filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court gave Cantero 30 days to pay $400 or submit a signed application to proceed without prepayment. No summons would issue at that time, and the case would be dismissed if he did not comply.
Chief Judge Colleen McMahon directed the Clerk to send the order to Cantero and process the case if he complied. She also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Cantero v. Mid-Hudson Psychiatric Forensic Center · No. 1:19-cv-11167
- Colleen McMahon
- Dec. 10, 2019
Background
Jose Luis Cantero brought the action without a lawyer. He submitted a complaint but did not pay the required fees and did not submit an application to proceed without prepaying fees.
Fee or IFP requirement
The court explained that filing a civil action required either payment of $400—consisting of a $350 filing fee and a $50 administrative fee—or a signed application to proceed in forma pauperis (IFP), meaning without prepayment of court fees.
The court ordered Cantero, within 30 days of the order, to either pay the $400 or submit the attached IFP application labeled with docket number 19-CV-11167 (CM). If the court granted the IFP application, Cantero could proceed without prepaying fees.
Order and effect
Chief United States District Judge Colleen McMahon directed the Clerk of Court to assign the case to her docket, mail the order to Cantero, and note service on the docket. No summons would issue at that time. If Cantero complied, the Clerk's Office would process the case under its procedures; if he failed to comply within the allowed time, the action would be dismissed.
The court also certified that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The opinion does not address the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.