Barreto-Mejia v. Royce
- Cathy Seibel
- 7:20-cv-02442
- U.S. District Court · Southern District of New York
- 2
In Barreto-Mejia v. Royce, Judge McMahon ordered the petitioner to pay a $5 fee or submit an application to proceed without prepayment.
Jose Luis Barreto-Mejia, who was required to pay the filing fee or submit an application to proceed without prepayment within 30 days.
What happened
Barreto-Mejia v. Royce concerns a petition for habeas relief filed by Jose Luis Barreto-Mejia without the required filing fee or an application to proceed without prepayment.
The court gave him 30 days to pay the $5 fee or submit a signed application. The court said the case would be dismissed if he did not comply, and no response from the respondent was required at that time.
Chief Judge Colleen McMahon issued the order and denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Barreto-Mejia v. Royce · No. 7:20-cv-02442
- Cathy Seibel
- Mar. 24, 2020
Background
Jose Luis Barreto-Mejia, representing himself, filed a petition for a writ of habeas corpus against Mark Royce. The petition was submitted without the $5.00 filing fee and without an application asking to proceed without prepaying fees.
Order
The court ordered Barreto-Mejia, within 30 days of the order, to do one of two things: pay the $5.00 filing fee or complete and submit the attached application to proceed without prepayment of fees. The court explained that, if it granted the application, Barreto-Mejia could proceed without paying the fee in advance. The application was to include docket number 20-CV-2442 (CM).
The Clerk of Court was directed to mail the order to Barreto-Mejia and record service on the docket. The court stated that no answer from the respondent was required at that time. If Barreto-Mejia 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 federal law that any appeal from this order would not be taken in good faith and therefore denied permission to appeal without prepaying fees. The order did not decide the underlying habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.