Washington v. Bell
- Colleen McMahon
- 1:20-cv-00718
- U.S. District Court · Southern District of New York
- 2
In Washington v. Bell, Judge McMahon ordered Martin Washington to pay the fee or submit an application to proceed without prepaying fees within 30 days.
Martin Washington must, within 30 days of February 3, 2020, pay the $5 filing fee or submit a signed application to proceed without prepaying fees; otherwise, the court will dismiss the action.
What happened
In Washington v. Bell, Martin Washington filed a petition for a court order concerning his detention but did not pay the $5 filing fee or submit an application to proceed without prepaying fees.
The court gave Washington 30 days to pay the fee or submit a signed application. If he does not comply, the court will dismiss the action.
Judge Colleen McMahon also denied permission to appeal without prepaying fees, finding that any appeal from this order would not be taken in good faith.
The detailed version
- Washington v. Bell · No. 1:20-cv-00718
- Colleen McMahon
- Feb. 3, 2020
Background
Martin Washington, representing himself, filed a petition for a writ of habeas corpus. The opinion does not address the substance of that petition. Washington submitted neither the required $5 filing fee nor a signed application to proceed without prepaying fees.
Order
The court ordered Washington, within 30 days of February 3, 2020, to do one of two things: pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. The application had to include docket number 20-CV-0718 (CM). If the court grants the application, Washington may proceed without prepaying the filing fee.
The court stated that no response from E. Bell was required at that time. If Washington complies, the Clerk's Office will process the case under its procedures. If he does not comply within the allowed time, the court will dismiss the action. The Clerk was directed to mail Washington a copy of the order and record service on the docket.
Appeal and classification
Judge Colleen McMahon certified that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. This order addressed filing-fee and fee-waiver requirements; it did not decide the merits of Washington's habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.