Corley v. Nathan
- Colleen McMahon
- 1:20-cv-01283
- U.S. District Court · Southern District of New York
- 2
In Corley v. Nathan, Judge McMahon ordered Royce Corley to pay a $5 fee or submit an application to proceed without prepayment, or face dismissal.
Royce Corley, who was proceeding without a lawyer and had not paid the filing fee or submitted an application to proceed without prepayment of fees.
What happened
In Corley v. Nathan, Royce Corley, representing himself, filed a petition seeking habeas relief but did not pay the filing fee or submit an application to proceed without prepayment.
The court gave Corley 30 days to pay the $5 fee or submit a signed application requesting permission to proceed without prepayment. The court said the action would be dismissed if he failed to comply, and no summons would issue at that time.
Chief Judge Colleen McMahon directed the Clerk of Court to mail the order to Corley and stated that an appeal from the order would not qualify for permission to proceed without prepayment because it would not be taken in good faith.
The detailed version
- Corley v. Nathan · No. 1:20-cv-01283
- Colleen McMahon
- Feb. 19, 2020
Background
Royce Corley, proceeding without a lawyer, filed a petition seeking habeas relief. The opinion states that he submitted the petition without paying the required filing fee and without submitting an application to proceed without prepayment of fees.
Order
The court ordered Corley, 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 court explained that if it granted the application, Corley could proceed without paying the fee in advance. The application was to identify docket number 20-CV-1283 (CM).
The Clerk of Court was directed to mail Corley a copy of the order and record service on the docket. No summons was to issue at that time. If Corley complied, the case would be processed under the Clerk’s Office procedures. If he did not comply within the allowed time, the action would be dismissed.
Appeal Provision and Disposition
The court certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepayment of fees for an appeal. Judge Colleen McMahon’s order addressed the filing requirements only; it did not decide the underlying petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.