Shelton v. The Administration of Parole
- Colleen McMahon
- 1:20-cv-01067
- U.S. District Court · Southern District of New York
- 1
In Shelton v. The Administration of Parole, Judge McMahon dismissed Shelton's petition without prejudice because he neither paid the filing fee nor submitted an application to proceed without prepaying it.
Petitioner Joseph K. Shelton’s habeas petition was dismissed without prejudice for failure to pay the filing fee or submit an application to proceed without prepaying it. Any appeal would not receive permission to proceed without prepaying fees under this order.
What happened
In Shelton v. The Administration of Parole, the court had ordered Shelton to either submit an application to proceed without prepaying the filing fee or pay the $5 fee required to file a habeas petition.
The order warned that failing to comply within 30 days would result in dismissal. Shelton did neither.
Judge McMahon dismissed the petition without prejudice, meaning Shelton was not barred by this order from filing again. The court also denied permission to proceed without prepaying the costs of an appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Shelton v. The Administration of Parole · No. 1:20-cv-01067
- Colleen McMahon
- Mar. 16, 2020
Background
Shelton filed a habeas petition against The Administration of Parole and FCI Otisville. On February 11, 2020, the court ordered him to submit a completed application to proceed without prepaying court fees, known as an in forma pauperis application, or to pay the $5 filing fee required for a habeas petition. The court warned that failure to comply within 30 days would lead to dismissal.
Court’s Analysis
Shelton did not submit the application and did not pay the filing fee. The opinion therefore dismissed the petition based on his failure to comply with the court’s filing-fee order. The opinion did not address the substance of Shelton’s habeas claims.
Disposition
Chief United States District Judge Colleen McMahon dismissed the petition without prejudice. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The Clerk of Court was directed to mail Shelton a copy of the order and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.