Colon v. The City of New York
- Lorna Schofield
- 1:20-cv-02263
- U.S. District Court · Southern District of New York
- 2
In Colon v. The City of New York, Judge McMahon ordered Serafin Colon to pay the filing fee or request permission to proceed without prepaying fees.
Serafin Colon, who must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days, or the action will be dismissed.
What happened
In Colon v. The City of New York, Serafin Colon filed a petition without paying the $5 filing fee or submitting an application to proceed without prepaying fees.
The court gave Colon 30 days to pay the fee or submit a signed application. The court said the case would be dismissed if he did not comply, and no response from the respondents was required at that time.
Judge Colleen McMahon also ruled that any appeal from this order could not proceed without prepaying fees because it would not be taken in good faith.
The detailed version
- Colon v. The City of New York · No. 1:20-cv-02263
- Lorna Schofield
- Mar. 23, 2020
Background
Serafin Colon, representing himself, filed a petition for habeas relief against The City of New York and the Attorney General of the State of New York. He submitted the petition without the required $5 filing fee and without an application to proceed in forma pauperis, meaning without prepaying court fees.
Order
The court ordered Colon, within 30 days of the order, either to pay the $5 filing fee or to complete and submit the attached application to proceed without prepaying fees. If the court grants the application, Colon may proceed without prepaying the filing fee. The application was to include docket number 20-CV-2263 (CM).
The Clerk of Court was directed to mail the order to Colon and record service on the docket. The court stated that no answer was required at that time. If Colon 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 and disposition
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the 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 substance of Colon’s petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.