Moise v. Fields
- Vernon Broderick
- 1:19-cv-11964
- U.S. District Court · Southern District of New York
- 2
In Moise v. Fields, Judge McMahon ordered Eddie Moise to pay the fee or submit an application to proceed without prepaying fees within 30 days.
Eddie Moise was required to pay the $5.00 filing fee or submit a signed application to proceed without prepaying fees within 30 days. Leroy Fields was not required to respond at that time.
What happened
In Moise v. Fields, Eddie Moise filed a petition for a writ of habeas corpus without paying the required $5 filing fee or submitting an application to proceed without prepaying fees.
The court ordered Moise to pay the fee or submit a signed application within 30 days. The court said no response from Leroy Fields was required at that time and warned that the case would be dismissed if Moise did not comply.
Judge Colleen McMahon also ruled that Moise could not proceed without prepaying fees for an appeal from this order, because the appeal would not be taken in good faith.
The detailed version
- Moise v. Fields · No. 1:19-cv-11964
- Vernon Broderick
- Jan. 6, 2020
Background
Eddie Moise, representing himself, filed a petition for a writ of habeas corpus. The opinion states that he submitted the petition without the $5.00 filing fee and without an application asking to proceed without prepaying court fees.
Order
The court directed Moise, within 30 days of the order, to either pay the $5.00 filing fee or complete and submit a signed application to proceed without prepaying fees. The court explained that, if the application were granted, Moise could proceed without paying the fee in advance. The court directed the Clerk of Court to assign the matter to Judge McMahon's docket, mail the order to Moise, and record service on the docket.
No answer from Leroy Fields was required at that time. If Moise complied, the case would be processed under the Clerk's Office procedures; if he failed to comply within the allowed time, the action would be dismissed.
Appeal-related ruling
The court certified under federal law that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
Effect of the order
This order addressed the filing-fee requirement and did not decide the substance of Moise's habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.