DiValentino v. Royce
- Louis Stanton
- 1:20-cv-02271
- U.S. District Court · Southern District of New York
- 2
In DiValentino v. Royce, Judge McMahon ordered Anthony DiValentino to pay the filing fee or apply to proceed without prepayment.
Anthony DiValentino, who had to pay the filing fee or submit an application to proceed without prepayment within 30 days to avoid dismissal.
What happened
In DiValentino v. Royce, Anthony DiValentino filed a petition without paying the filing fee or submitting an application to proceed without prepayment.
The court gave him 30 days to pay the $5 filing fee or submit a signed application. If he did not comply, the action would be dismissed; no response from Mark Royce was required at that time.
Judge McMahon also denied permission to appeal without prepaying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- DiValentino v. Royce · No. 1:20-cv-02271
- Louis Stanton
- Mar. 23, 2020
Background
Anthony DiValentino, representing himself, filed a petition for a writ of habeas corpus against Mark Royce. He did not submit the required $5 filing fee or an application to proceed without prepaying fees.
Order
The court directed DiValentino, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached application to proceed without prepayment of fees. If the court granted the application, he could proceed without paying the fee in advance. The application was to identify docket number 20-CV-2271 (CM).
The court directed the Clerk of Court to mail the order to DiValentino and record service on the docket. No answer from Royce was required at that time. The court stated that the case would be processed under the Clerk’s Office procedures if DiValentino complied, and that the action would be dismissed if he did not comply within the allowed time.
Appeal certification
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without prepaying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.