Finchum v. Fields

Background

David Finchum, representing himself, filed a petition for a writ of habeas corpus against Leroy Fields, identified as Superintendent of Fishkill Correctional Facility, New York State Department of Corrections and Community Supervision. Finchum submitted the petition without the required $5 filing fee and without an application to proceed without prepaying fees.

Order

The court ordered Finchum, within 30 days of the order, to do one of two things: pay the $5 filing fee or complete and submit the attached application to proceed without prepayment of fees. The application had to include docket number 19-CV-11523 (CM). The court explained that, if it granted the application, Finchum could proceed without prepaying the filing fee.

The Clerk of Court was directed to assign the matter to Judge McMahon's docket, mail Finchum a copy of the order, and record service on the docket. No answer from Fields was required at that time. The court stated that the case would be processed under the Clerk's Office procedures if Finchum complied, and that the action would be dismissed if he failed to comply within the allowed period.

Appeal and disposition

The court 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 appeal without prepaying fees. This order addressed only the filing fee and fee-waiver requirement; it did not decide the substance of Finchum's habeas petition. Judge Colleen McMahon signed the order.