Kindell v. Capra
- Ronnie Abrams
- 1:20-cv-00304
- U.S. District Court · Southern District of New York
- 2
In Kindell v. Capra, Judge McMahon ordered the petitioner to pay a $5 fee or submit an application to proceed without prepaying fees.
Eugene Kindell was required to pay the filing fee or submit a fee-waiver application within 30 days. Michael Capra was not required to respond at that time.
What happened
In Kindell v. Capra, Eugene Kindell filed a petition asking for habeas corpus relief without a lawyer. He submitted neither the required $5 filing fee nor an application to proceed without prepaying court fees.
The court gave Kindell 30 days to pay the fee or submit a signed fee-waiver application. The court explained that he could proceed without prepaying fees only if the application were approved.
Judge McMahon ordered the clerk to mail the order to Kindell and said no response from Michael Capra was required yet. The court stated that it would dismiss the action if Kindell did not comply, and denied permission to appeal without prepaying fees.
The detailed version
- Kindell v. Capra · No. 1:20-cv-00304
- Ronnie Abrams
- Jan. 16, 2020
Background
Eugene Kindell, representing himself, filed a petition for a writ of habeas corpus. The opinion says that a person filing such a petition in this court must either pay a $5 filing fee or submit a signed application to proceed without prepaying fees. Kindell submitted the petition without either payment or an application.
Order
The court ordered Kindell, within 30 days of January 16, 2020, to either pay the $5 filing fee or complete and submit the attached application. The application was to include docket number 20-CV-0304 (CM). The court explained that, if it approved the application, Kindell could proceed without prepaying the fee.
The clerk was directed to mail Kindell a copy of the order and record service on the docket. No answer from Michael Capra was required at that stage. The court stated that, if Kindell complied, the case would be processed under the clerk's procedures; if he did not comply within the allowed time, the court would dismiss the action.
Disposition
Judge Colleen McMahon certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The opinion does not say that the habeas petition itself was decided on the merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.